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BARDEN MISS. GAMING LLC v. GREAT NORTHERN INS. CO.

No. 10-60643.

638 F.3d 476 (2011)

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

United States Court of Appeals, Fifth Circuit.

April 6, 2011.

Attorney(s) appearing for the Case

Richard Dennis Underwood , Underwood Thomas, P.C., Memphis, TN, for Plaintiff-Appellant.

John Robert McCann , DeWitt M. Shy, Jr. , Burch, Porter & Johnson, P.L.L.C., Memphis, TN, for Defendants-Appellees.

Before JOLLY, ELROD and HAYNES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this insurance dispute, Appellant Barden Mississippi Gaming LLC ("Barden") appeals the district court's grant of summary judgment in favor of Appellees Great Northern Insurance Company ("Great Northern") and Top Line Seating, Inc. ("Top Line"). In an earlier appeal brought by Barden, we concluded that under the terms of an insurance policy between the parties, Great Northern had a duty to defend Barden in a tort suit brought by an...

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