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HARVEY OIL CO. v. FEDERATED MUT. INS. CO.

No. 2:92-CV-242.

837 F.Supp. 242 (1993)

HARVEY OIL COMPANY, Plaintiff, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, W.D. Michigan, N.D.

October 19, 1993.

Attorney(s) appearing for the Case

Eva A. Kipper, McDonald & Marin, Marquette, MI, for plaintiff.

Steven C. Kohl, Howard & Howard, PC, Bloomfield Hills, MI, for defendant.

OPINION

ROBERT HOLMES BELL, District Judge.

In this action Plaintiff seeks damages for breach of contract and a declaratory judgment setting forth the rights and responsibilities of the parties under a pollution liability policy issued by Defendant for Plaintiff's petroleum storage facility. The parties have filed cross-motions for summary judgment.

I.

The underlying facts are undisputed. Prior to April 9, 1990, Plaintiff, Harvey...

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