TURNER AND BOISSEAU v. NATIONWIDE MUT. INS. CO.

Civil Action No. 95-1258-DES.

944 F.Supp. 842 (1996)

TURNER AND BOISSEAU, INC., Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. Kansas.

February 12, 1996.


Attorney(s) appearing for the Case

Daniel G. Menzie, Peter G. Collins, Turner & Boisseau, Chartered, Wichita, KS, Hal D. Meltzer, Turner & Boisseau, Chartered, Overland Park, KS, Julie A. Bedinghaus, Turner & Boisseau, Chartered, Great Bend, KS, for plaintiff.

Lee M. Smithyman, David J. Roberts, Smithyman & Zakoura, Chtd., Overland Park, KS, for defendant.


MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on the plaintiff's motion to dismiss (Doc. 22) the defendant's counterclaim (Docs. 18 and 20).

I. BACKGROUND

In December 1988, the defendant, Nationwide Mutual Insurance Company ("Nationwide"), employed the plaintiff, Turner and Boisseau, Chartered ("Turner and Boisseau"), to represent the defendant's insured in Murphy v. Smock...

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