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DAKOTA GIRLS, LLC v. PHILADELPHIA INDEMNITY INS.

No. 21-3245.

17 F.4th 645 (2021)

DAKOTA GIRLS, LLC; Dublin Ashanik, LLC; Educare of Greene, Inc.; Campbell Family Childcare, Inc.; Lillypad Learning Center, LLC; Fuqua Norman, Inc.; Eagle School of Hilliard Ohio, Inc.; Powell Enterprises, Inc.; Park Enterprises of Ohio, LLC; Park School of Dublin, LLC; Fixari School of Pickerington, LLC; Fixari School of Reynoldsburg, LLC; Burkhold Enterprises, LLC; Park School of Gahanna, LLC; Dimuzio-Speranza Enterprises, Inc.; Chambers Holdings, Inc., Plaintiffs-Appellants, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 5, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Charles H. Cooper, Jr. , Sean R. Alto , COOPER & ELLIOTT, Columbus, Ohio, for Appellants. Stephen E. Goldman , Wystan M. Ackerman , ROBINSON & COLE LLP, Hartford, Connecticut, Richard M. Garner , COLLINS, ROCHE, UTLEY & GARNER, LLC, Dublin, Ohio, for Appellee. Christopher E. Kozak , PLEWS SHADLEY RACHER & BRAUN LLP, Indianapolis, Indiana, Timothy J. Fitzgerald , KOEHLER FITZGERALD LLP, Cleveland, Ohio, Laura A. Foggan , CROWELL & MORING LLP, Washington, D.C., for Amici Curiae.

Before: SILER, KETHLEDGE, and BUSH, Circuit Judges.

OPINION

To combat the spread of COVID-19, the Ohio government ordered child-care programs in the state to shut down for around two months beginning in March 2020. As a result, Dakota Girls, LLC and its sixteen co-appellants (collectively, "Dakota Girls") could not use their facilities for their intended purpose—...

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