United States v. Miguel Angel Chavez

1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2098
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J. D. Ashley Sr. Family *
Limited Partnership; Richard *
H. Ashley; J. D. Ashley, Jr., *
*
Appellants, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Valley Forge Insurance Company; *
Continental Casualty Company, * [UNPUBLISHED]
*
Appellees. *
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Submitted: October 5, 2010
Filed: October 7, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
J.D. Ashley, Sr. Family Limited Partnership, Richard Ashley, and J.D. Ashley,
Jr., appeal from the district court’s 1 adverse grant of summary judgment in their
breach-of-contract and tort action. After reviewing the record de novo, see TNT
Speed & Sport Ctr. v. Am. States Ins. Co., 114 F.3d 731, 732 (8th Cir. 1997), we

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conclude that the district court properly granted summary judgment. Specifically, we
agree with the district court that, based on the allegations in a state court suit brought
against appellants in connection with their conduct towards one of their partners,
appellees had no duty to defend appellants against that lawsuit under the terms of the
insurance policies at issue. Accordingly, we affirm. See 8th Cir. R. 47B.
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