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BARDEN MISSISSIPPI GAMING v. GREAT NORTHERN INS.

No. 08-60521.

576 F.3d 235 (2009)

BARDEN MISSISSIPPI GAMING LLC, doing business as Fitzgerald's Casino, Plaintiff-Appellant, v. GREAT NORTHERN INSURANCE COMPANY; Top Line Seating, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 2009.

Attorney(s) appearing for the Case

Richard Dennie Underwood (argued), Terry Paul Weill, Underwood Thomas, PC, Memphis, TN, for Plaintiff-Appellant.

John Robert McCann (argued), Burch, Porter & Johnson, Memphis, TN, for Defendant-Appellee.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this insurance dispute, Barden Mississippi Gaming LLC ("Barden") appeals the district court's order of summary judgment in favor of Great Northern Insurance Company ("Great Northern") and Top Line Seating, Inc. ("Top Line"). The district court concluded that Great Northern was not obligated to provide a defense and indemnification to Barden in a separate lawsuit brought by a person who allegedly suffered personal injuries in Barden...

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