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DUANE MANAGEMENT CO. v. PRUDENTIAL INS. CO.

No. 93-5624.

29 F.3d 245 (1994)

DUANE MANAGEMENT COMPANY, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Peter L. Ostermiller (argued), Robert G. Stallings (briefed), Stallings & Stallings, Louisville, KY, for plaintiff-appellant.

Samuel G. Bridge, Jr. (argued and briefed), Wyatt, Tarrant & Combs, Richard W. Iler, E. Scott Fruehwald, Wyatt, Tarrant & Combs, Louisville, KY, for Prudential Ins. Co. of America.

Before: MERRITT, Chief Judge; KENNEDY and NELSON, Circuit Judges.

MERRITT, Chief Judge, delivered the opinion of the court, in which NELSON, Circuit Judge, joined. KENNEDY, Circuit Judge (pp. 249-250, delivered a separate opinion concurring in part and dissenting in part.

MERRITT, Chief Judge.

In this diversity case, Plaintiff Duane Management Company, a real estate leasing agent, appeals the district court's order granting summary judgment in favor of defendant Prudential Insurance Company, the owner of commercial rental...

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