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STUCKART LUMBER CO. v. EMPLOYEE BENEFITS INS. CO.

Civ. No. 81-6163FR.

555 F.Supp. 22 (1982)

STUCKART LUMBER COMPANY, Plaintiff, v. EMPLOYEE BENEFITS INSURANCE COMPANY, INC., Defendant.

United States District Court, D. Oregon.

May 3, 1982.

Attorney(s) appearing for the Case

Thomas E. Cooney, Cooney & Van Hoomissen, Portland, Or., for plaintiff.

Fredric A. Yerke, Bruce A. Rubin, Miller, Nash, Yerke, Wiener & Hager, Portland, Or., for defendant.

ORDER

FRYE, District Judge:

Defendant has moved for reconsideration of the court's order of March 8, 1982 which denied the motion of Employee Benefits Insurance Company, Inc. (EBI) to dismiss Count I of plaintiff Stuckart Lumber Company's (Stuckart) fraud claim (upon reconsideration), and denied EBI's motion for summary judgment on its counterclaim.

The court has reconsidered its prior order and reverses for the following reasons:

A....

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