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NETHERLANDS INS. v. MAIN STREET INGREDIENTS, LLC

No. 13-1316.

745 F.3d 909 (2014)

The NETHERLANDS INSURANCE COMPANY, a New Hampshire corporation, Plaintiff-Appellant v. MAIN STREET INGREDIENTS, LLC, a Wisconsin limited liability company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 18, 2014.

Attorney(s) appearing for the Case

Suzanne Louise Jones , argued, Minneapolis, MN, for Appellant.

Lauren E. Lonergan , argued, Minneapolis, MN ( Maren F. Grier , Michael H. Streater , on the brief), for Appellee.

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

RILEY, Chief Judge.

Malt-O-Meal Company (Malt-O-Meal) sued Main Street Ingredients, LLC (Main Street) in Minnesota state court, which suit involved the June 2009 voluntary recall of dried milk Main Street bought from Plainview Milk Products Cooperative (Plainview) and sold to Malt-O-Meal. The Netherlands Insurance Company (Netherlands) sued its insured, Main Street, in federal court, seeking a declaratory judgment as to whether Netherlands had a duty to defend or...

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