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UNITED OF OMAHA LIFE INS. CO. v. REED

Civ. A. No. 85-2321-O.

649 F.Supp. 837 (1986)

UNITED OF OMAHA LIFE INSURANCE COMPANY, Plaintiff, v. Maxine REED, individually and as Administratrix of the Estate of Terry E. Reed, Defendant/Third Party Plaintiff, v. Herbert F. OWENS, Third Party Defendant.

United States District Court, D. Kansas.

May 23, 1986.

Attorney(s) appearing for the Case

Robert W. McKinley, Richard N. Bien, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., John J. Jurcyk, Robert D. Benham, McAnany, Van Cleave & Phillips, Kansas City, Kan., for plaintiff.

Larry E. Gregg, Gregg, Barker & Johnson, Jerry W. Hannah, Hamilton & Hannah, Topeka, Kan., for defendant/third party plaintiff.

Robert M. Sommers, James, Millert, Houdek, Tyrl & Sommers, Kansas City, Mo., Gregory A. Lee, Marshall, Davis, Bennett & Hendrix, Topeka, Kan., for third party defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

Plaintiff, United of Omaha Life Insurance Company [hereinafter United] instituted this action against Terry E. Reed seeking a declaratory judgment regarding its liability for claims under an insurance policy it issued to him. Maxine Reed [hereinafter Reed] was later substituted for Terry Reed after his death. Reed consequently filed a counterclaim against United for its failure to pay on the policy and...

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