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BITUMINOUS CAS. CORP. v. KENWORTHY OIL CO.

No. MO-95-CA-047.

912 F.Supp. 238 (1996)

BITUMINOUS CASUALTY CORPORATION v. KENWORTHY OIL COMPANY.

United States District Court, W.D. Texas, Midland-Odessa Division.

January 16, 1996.

Attorney(s) appearing for the Case

H. Michelle Caldwell, David J. Schubert, Vial, Hamilton, Koch & Knox, Dallas, TX, for plaintiff.

Stephen Brannan, Odessa, TX, for defendant.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED.R.CIV.P. 56

GUIROLA, United States Magistrate Judge.

Plaintiff, Bituminous Casualty Corporation ("Bituminous"), has filed a 28 U.S.C. § 2201 complaint for declaratory judgment. Bituminous seeks judicial determination of their duty to defend and indemnify the insured, Kenworthy Oil Company ("Kenworthy") in a pending state court action. Before this Court...

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