Legal Opinion
Cincinnati Indemnity Co. v. a & K Construction Co.
Court of Appeals for the Eighth Circuit
Decided September 15, 2008No. 07-3850PublishedCited by 24 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Cincinnati Indemnity Company issued a workers’ compensation policy to A & K Construction Company d/b/a Kirchner and Company (A & K). Cincinnati sued for a declaratory judgment that Kevin Kirchner was not an A & K employee when he was injured on May 17, 2006. Both Kirchner and A & K moved to dismiss for lack of subject matter jurisdiction. The district court granted the motions to dismiss under Federal Rule of Civil Procedure 12(b)(1). Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.
I
Kirchner was working on a border fence of a farm he owned in…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
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3Cited by24 opinions
- Lexington Insurance Company v. Fidelity National FinancialCourt of Appeals for the Eighth Circuit · 2013
- United States v. RiceCourt of Appeals for the Eighth Circuit · 2010
- Patton Boggs, LLP v. CHEVRON CORPORATIONDistrict Court, District of Columbia · 2011
- Pearce v. Werner Enterprises, Inc.District Court, D. Nebraska · 2015
- Accurate Controls, Inc. v. Cerro Gordo County Board of SupervisorsDistrict Court, N.D. Iowa · 2009
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