Philadelphia Indemnity Insuran v. Youth Alive, Inc., et al


OPINION and JUDGMENT filed : The district court's dismissal of Youth Alive's counterclaims is AFFIRMED and the remainder of Youth Alive's appeal and Philadelphia Indemnity Insurance Company's cross-appeal are DISMISSED AS MOOT. Decision for publication. Eugene E. Siler, Jr., Julia Smith Gibbons, and Richard Allen Griffin (AUTHORING), Circuit Judges. [12-5759, 12-5805]

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Case: 12-5759 Document: 006111847103 Filed: 10/11/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 12-5759/5805 PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant, FILED Oct 11, 2013 DEBORAH S. HUNT, Clerk v. YOUTH ALIVE, INC., Defendant-Appellant/Cross-Appellee. Before: SILER, GIBBONS, and GRIFFIN, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Western District of Kentucky at Louisville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s dismissal of Youth Alive’s counterclaims is AFFIRMED, and the remainder of Youth Alive’s appeal and Philadelphia Indemnity Insurance Company’s cross-appeal are DISMISSED AS MOOT. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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