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SMITH v. HAWKEYE-SECURITY INS. CO.

Civ. A. No. 93-1106-MLB.

842 F.Supp. 1373 (1994)

Donald D. SMITH, Plaintiff, v. HAWKEYE-SECURITY INSURANCE COMPANY, Defendant.

United States District Court, D. Kansas.

January 20, 1994.

Attorney(s) appearing for the Case

Joseph H. Cassell, Wichita, KS, for plaintiff.

Arthur S. Chalmers, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, for defendant.

MEMORANDUM AND ORDER

BELOT, District Judge.

This case comes before the court on Hawkeye's motion to dismiss and renewed motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6). (Docs. 6 and 22)1

Smith is the president and owner of Colby Manufacturing Company, Inc. On April 4, 1989, Hawkeye issued to Colby Manufacturing a comprehensive Business Auto Policy effective from May 8, 1989, to May 8, 1990. On July 20, 1989...

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