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MARYLAND CAS. CO. v. MIKE MILLER COMPANIES, INC.

Civ. A. No. 88-2521-S.

715 F.Supp. 321 (1989)

MARYLAND CASUALTY COMPANY, Plaintiff, v. MIKE MILLER COMPANIES, INC., Defendant.

United States District Court, D. Kansas.

June 14, 1989.

Attorney(s) appearing for the Case

James Borthwick and Lori A. Leu, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., and James M. Warden, Blackwell, Sanders, Matheny, Weary & Lombardi, Overland Park, Kan., for plaintiff.

Joel R. Mosher, Shughart, Thomson & Kilroy, Kansas City, Mo., and Greg L. Musil, Shughart, Thomson & Kilroy, Overland Park, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the parties' cross-motions for summary judgment. Defendant has also filed a motion to bifurcate the trial in this action. In this declaratory judgment action, plaintiff is seeking a determination that it has no duty to defend Mike Miller Companies, Inc. ("Miller") in a lawsuit now pending in the United States District Court for the Western District of Missouri.

The uncontroverted...

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