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RESTAURANT RECYCLING, LLC v. EMPLOYER MUT. CAS. CO.

No. 17-2792.

922 F.3d 414 (2019)

RESTAURANT RECYCLING, LLC, Plaintiff-Appellant, New Fashion Pork, LLP, Intervenor Plaintiff, v. EMPLOYER MUTUAL CASUALTY COMPANY, doing business as EMC Insurance Companies; Hamilton Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2019.

Attorney(s) appearing for the Case

Brandon M. Schwartz , Michael D. Schwartz , SCHWARTZ LAW FIRM, Oakdale, MN, for Plaintiff-Appellant.

Elizabeth Ann Jenson Prouty , ARTHUR & CHAPMAN, Minneapolis, MN, for Defendants-Appellees.

Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.

New Fashion Pork sued Restaurant Recycling for delivering defective shipments of recycled fat, which New Fashion Pork uses as an ingredient in its swine feed. Restaurant Recycling, in turn, sued Employer Mutual Casualty Company, seeking a declaratory judgment that the insurer had a duty to defend and indemnify Restaurant...

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