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LAMPLITER DINNER THEATER v. LIBERTY MUT. INS. CO.

No. 85-7400.

792 F.2d 1036 (1986)

LAMPLITER DINNER THEATER, INC., an Alabama Corporation doing business in Montgomery County, Alabama, Plaintiff-Appellant, Cross-Appellee, v. LIBERTY MUTUAL INSURANCE CO. and Liberty Mutual Fire Insurance Co., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 30, 1986.

Attorney(s) appearing for the Case

J. Richard Piel, Piel & Lynn, Montgomery, Ala., for plaintiff-appellant, cross-appellee.

John F. Whitaker, Sadler, Sullivan, Sharp & Stutts, Charles E. Sharp, Birmingham, Ala., William I. Hill, II, Montgomery, Ala., for defendants-appellees, cross-appellants.

Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

In an interlocutory appeal and cross-appeal by the Lampliter Dinner Theater (Lampliter) and the Liberty Mutual Insurance Company (Liberty), Lampliter, plaintiff below, appeals the district court's dismissal of ten counts of a twelve count complaint. Lampliter also appeals the dismissal of L.K. Mocabee as an individual plaintiff. Liberty cross-appeals and claims that the remaining two counts of Lampliter's complaint also should have been dismissed...

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