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REPUBLIC FRANKLIN INS. v. ALBEMARLE COUNTY SCHOOL

No. 10-1961.

670 F.3d 563 (2012)

REPUBLIC FRANKLIN INSURANCE COMPANY, Plaintiff-Appellee, v. ALBEMARLE COUNTY SCHOOL BOARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 24, 2012.

Attorney(s) appearing for the Case

ARGUED: Annie Kim , Albemarle County Attorney's Office, Charlottesville, Virginia, for Appellant. Elizabeth S. Skilling , Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for Appellee. ON BRIEF: Thomas S. Garrett , Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for Appellee.

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge FLOYD joined.

OPINION

NIEMEYER, Circuit Judge:

Republic Franklin Insurance Company commenced this action against its insured, the Albemarle County (Virginia) School Board, for a declaratory judgment that Franklin Insurance owed no duty to defend the School Board in an action commenced by School Board employees for violations of the Fair Labor Standards Act ("FLSA" or "the Act") nor any duty to indemnify the School Board for any judgment that might be entered in the action...

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