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213815P.pdf   09/11/2023  Great River Entertainment, LLC  v.  Zurich American Insurance Co.
   U.S. Court of Appeals Case No:  21-3815
   U.S. District Court for the Southern District of Iowa - Eastern   
[PUBLISHED] [Kobes, Author, with Loken and Arnold, Circuit Judges] Civil case - Civil Procedure. In a suit for coverage for losses incurred as a result of a COVID-19 closing order, defendant removed the suit brought by its insured to federal court; the district court then dismissed the action for failure to state a claim. On appeal, plaintiff asserted, for the first time, that at least 25 of its members were citizens of Illinois, defendant's principal place of business and that neither the district court nor this court had jurisdiction because there was a lack of complete diversity. Remanded for a factual determination as to whether the parties are diverse.