CINCINNATI INDEM. CO. v. A & K CONST. CO.

No. 07-3850.

542 F.3d 623 (2008)

CINCINNATI INDEMNITY COMPANY, Appellant, v. A & K CONSTRUCTION COMPANY, doing business as Kirchner & Company; Kevin Kirchner, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2008.


Attorney(s) appearing for the Case

Kevin Bradley Behrndt, argued, St. Louis, MO, for appellant.

Rudy L. Veit, argued, Douglas L. Van Camp, on the brief, Jefferson City, MO, for appellee.

Before MELLOY, ARNOLD, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Cincinnati Indemnity Company issued a workers' compensation policy to A & K Construction Company d/b/a Kirchner and Company (A & K). Cincinnati sued for a declaratory judgment that Kevin Kirchner was not an A & K employee when he was injured on May 17, 2006. Both Kirchner and A & K moved to dismiss for lack of subject matter jurisdiction. The district court granted the motions to dismiss under Federal Rule of Civil Procedure...

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