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PETCO ANIMAL SUPPLIES STORES v. INSURANCE CO. OF NORTH AMERICA

No. 12-2822.

724 F.3d 1025 (2013)

PETCO ANIMAL SUPPLIES STORES, INC.; International Pet Supplies and Distribution, Inc., Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2013.

Attorney(s) appearing for the Case

Steven L. Theesfeld , argued, Minneapolis, MN, David J. Taylor , Jeffrey M. Baill , on the brief, for Appellants.

Cindy L. Butler , argued, Minneapolis, MN, John F. Angell , Louise Behrendt , Cindy L. Butler , on the brief, for Appellee.

Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

PETCO Animal Supplies Stores, Inc., appeals from a grant of summary judgment by the district court1 in favor of Insurance Company of North America ("ICNA"). PETCO sought a declaration that ICNA was obliged to defend and indemnify the company in its underlying litigation with Medtronic, Inc. We affirm.

I.

Meiko Pet Corporation purchased a products liability insurance policy from ICNA that was effective...

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