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BRAKE LANDSCAPING v. HAWKEYE-SECURITY INS. CO.

No. 09-3874.

625 F.3d 1019 (2010)

BRAKE LANDSCAPING & LAWNCARE, INC., Plaintiff-Appellant, v. HAWKEYE-SECURITY INS. CO., The Midwestern Indemnity Co., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 1, 2010.

Attorney(s) appearing for the Case

David C. Knieriem , argued, Clayton, MO, for appellant.

Mark G. Arnold , argued, St. Louis, MO, Bruce A. Moothart , on the brief, Kansas City, MO, for appellees.

Before RILEY, Chief Judge, MELLOY and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

Brake Landscaping & Lawncare, Inc. ("Brake") appeals from an adverse entry of summary judgment1 in its action against Hawkeye-Security Insurance Company ("Hawkeye") and The Midwestern Indemnity Company ("Midwestern") arising out of the insurance companies' denial of coverage under two insurance policies. Brake sought coverage for costs incurred in re-sodding and re-seeding sections of its customers' lawns after...

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