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WESTCHESTER FIRE INS. CO. v. CITY OF PITTSBURG, KAN.

Civ. A. No. 90-2305-O.

768 F.Supp. 1463 (1991)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff, v. CITY OF PITTSBURG, KANSAS, a Municipal Corporation, Ernest Radell, Carol Radell, and Brandon Radell, a minor, by and through his mother and next friend, Carol Radell, Defendants.

United States District Court, D. Kansas.

June 25, 1991.

Attorney(s) appearing for the Case

Jerome V. Bales, D'Ambra M. Howard, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for Westchester Fire Ins. Co.

Frank D. Menghini, Douglas M. Greenwald, McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., for City of Pittsburg, Kan.

Robert S. Tomassi, Loy & Loy, Pittsburg, Kan., for Ernest, Carol and Brandon Radell.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on the motion of plaintiff Westchester Fire Insurance Company (hereinafter "Westchester") for summary judgment. Westchester contends that there is no coverage under a comprehensive general liability policy (hereinafter "CGL policy") that it issued to the defendant City of Pittsburg, Kansas (hereinafter "the City") for any claims asserted by Ernest Radell, Carol Radell...

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