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WESTERN HERITAGE INS. CO. v. ASPHALT WIZARDS

Nos. 14-2587, 14-2697.

795 F.3d 832 (2015)

WESTERN HERITAGE INSURANCE COMPANY, Plaintiff-Appellee, v. ASPHALT WIZARDS, Defendant, Fun Services of Kansas City, Defendant-Appellant, 1-50 Doe, Defendant. Western Heritage Insurance Company, Plaintiff-Appellant, v. Asphalt Wizards, doing business as Parrish Love; Fun Services of Kansas City, Inc., Defendants-Appellees, 1-50 Doe, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2015.

Attorney(s) appearing for the Case

David M. Oppenheim , Anderson + Wanca , Rolling Meadows, IL, argued ( Jeffrey A. Berman , Brian J. Wanca , Rolling Meadows, IL, Rex A. Sharp , Barbara C. Frankland , Gunderson Sharp, LLP, Prairie Village, KS, Max G. Margulis , Margulis Law Group, Chesterfield, MO, Phillip A. Bock , Bock & Hatch, LLC, Chicago, IL, on the brief), for appellant.

Alan B. Yuter , Selman Breitman LLP, Los Angeles, CA, argued ( Rachel E. Hobbs , Los Angeles, CA, Meagan L. Patterson , Kelly M. Cochran , Waldeck & Patterson, P.A., Prairie Village, KS), for appellee.

Before WOLLMAN and GRUENDER, Circuit Judges, and DOTY, District Judge.

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a "junk fax" lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.

I. Background...

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