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FAFARA v. AMERICAN STATES LIFE INS. CO.

Civil No. 97-1016-FR.

976 F.Supp. 1368 (1997)

Colleen FAFARA, Plaintiff, v. AMERICAN STATES LIFE INSURANCE COMPANY, an Indiana corporation; and Fullhart Insurance Agency, Inc., an Oregon corporation, Defendants.

United States District Court, D. Oregon.

October 7, 1997.

Attorney(s) appearing for the Case

Charles P.A. Paulson, Paulson & Baisch Trial Lawyers, P.C., Portland, OR, for Plaintiff.

Lori R. Metz, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, OR, for Defendant American States Life Insurance Company.

Vicki Hopman Yates, Callahan & Shears, P.C., Portland, OR, for Defendant Fullhart Insurance Agency, Inc.

OPINION

FRYE, District Judge:

This is an action for breach of an insurance contract and negligence which was removed from the Circuit Court of the State of Oregon for the County of Multnomah. Before the court is the motion of the defendant American States Life Insurance Company under Fed.R.Civ.P. 12(b)(6) to dismiss (# 5-1) and to strike the jury demand (# 5-2); and the motion of the plaintiff to remand (# 8).

BACKGROUND

The plaintiff,...

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