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CASCADES DEV. OF MINNESOTA v. NAT. SPECIALTY INS.

No. 11-1429.

675 F.3d 1095 (2012)

CASCADES DEVELOPMENT OF MINNESOTA, LLC, doing business as Anytime Fitness, Inc.; Associated Insurance Agents, Inc.; Nicholas Newton; Westport Insurance Corporation, Plaintiffs-Appellants, v. NATIONAL SPECIALTY INSURANCE, also known as NSI; Jade Janina Benson, and her legal guardians Jeffrey Arthur Benson and Janina Faye Benson; West Bend Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2012.

Attorney(s) appearing for the Case

Rolf E. Sonnesyn , argued, Minneapolis, MN, for Plaintiffs-Appellants.

Andrea E. Reisbord , argued, Peter G. Van Bergen , David A. Wikoff , on the brief, Minneapolis, MN, for Defendants-Appellees.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Nicholas Newton, Cascades Development of Minnesota, LLC, Associated Insurance Agents, Inc., and Westport Insurance Corp. sued West Bend Insurance Co. and National Specialty Insurance, seeking indemnification and reformation of a workers' compensation insurance policy. The district court granted summary judgment to the defendants. Because the district court lacked subject matter jurisdiction, this court vacates and remands.

The jurisdictional...

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