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ADLER v. ELK GLENN, LLC

No. 14-5159.

758 F.3d 737 (2014)

Richard C. ADLER, Plaintiff, v. ELK GLENN, LLC, a Kentucky Limited Liability Company, Defendant-Appellant, Kentucky Farm Bureau Mutual Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 10, 2014.

Attorney(s) appearing for the Case

Russell Homer Davis, Jr. , Baird & Baird, Pikeville, KY, for Defendant-Appellant.

Darrin Winn Banks , Porter, Schmitt, Banks & Baldwin, Paintsville, KY, for Defendant-Appellee.

The court delivered a PER CURIAM opinion. SUTTON, J. (pp. 739-43), delivered a separate concurring opinion.

OPINION

PER CURIAM.

Elk Glenn, LLC appeals a district court's order granting summary judgment on Kentucky Farm Bureau Mutual Insurance Company's intervening complaint, relieving it of its duty to defend Elk Glenn against claims brought by the plaintiff in the underlying diversity suit for breach of contract and related claims arising from the sale of a residential lot. The clerk directed the parties to show cause why the appeal should not be dismissed because...

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