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GREEN CONST. v. NATIONAL UNION FIRE INS. CO.

No. 89-0981-CV-W-3.

771 F.Supp. 1000 (1991)

GREEN CONSTRUCTION COMPANY, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Defendant.

United States District Court, W.D. Missouri, W.D.

July 30, 1991.

Attorney(s) appearing for the Case

Dale R. Martin, Joseph J. Strauss, Barokas & Martin, Seattle, Wash., Patrick L. Dunn, Niewald, Waldeck & Brown, Patrick E. Hartigan, Craft, Fridkin & Rhyne, Kansas City, Mo., Art Stone, Pistorius & Stone, Dallas, Tex., for plaintiff.

Thomas R. Larson, Watson, Ess, Marshall & Enggas, Kansas City, Mo., Lewis Melahn, Div. of Ins., State of Missouri, Jefferson City, Mo., Robert W. Cotter, Dysart, Taylor, Penner, Lay & Lewandowski, P.C., Kansas City, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

This is a declaratory judgment action. Green Construction Company seeks a declaration of National Union Fire Insurance Company's duty to defend Green in other litigation and to indemnify it for any judgment obtained against Green in that litigation. The issues of liability — both coverage and the duty to defend — have been submitted on stipulated facts and cross-motions for...

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