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PLANET SUB HOLDINGS v. STATE AUTO PROPERTY & CAS.

No. 21-2199.

36 F.4th 772 (2022)

PLANET SUB HOLDINGS, INC., Individually and on behalf of all others similarly situated; Planet Sub Enterprises, Inc., Individually and on behalf of all others similarly situated; 1 Thirty-Nine, Inc., Individually and on behalf of all others similarly situated; 2 Thirty-Nine, Inc., Individually and on behalf of all others similarly situated, Plaintiffs-Appellants v. STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jeremy Suhr , of Kansas City, MO. The following attorney(s) appeared on the appellant brief; Todd Michael Johnson , of Kansas City, MO, Lauren E. Tucker McCubbin , of Kansas City, MO, Brandon J.B. Boulware , of Kansas City, MO, Amber J. Simon , of Kansas City, MO.

Counsel who presented argument on behalf of the appellee was Adam H. Fleischer , of Chicago, IL. The following attorney(s) appeared on the appellee brief; Patrick J. Kenny , of Saint Louis, MO, David J. Buishas , of Chicago, IL, Nicholas Anthony Cammarata , of Saint Louis, MO, and Elisabeth Charlotte Ross , of Chicago, IL.

Before SMITH, Chief Judge, BENTON and KELLY, Circuit Judges.

A group of restaurants sued their insurer, seeking coverage and damages for losses and expenses during the COVID-19 pandemic. The district court1 granted the insurer's motion for judgment on the pleadings, dismissing the case. The restaurants appeal. Having jurisdiction under 28 U.S.C. § 1291...

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