FARM BUREAU MUT. INS. CO., INC. v. HARMON

No. 97-2059-JWL.

981 F.Supp. 1391 (1997)

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. Goldie HARMON, et al., Defendants.

United States District Court, D. Kansas.

October 24, 1997.


Attorney(s) appearing for the Case

Paul P. Hasty, Jr., Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for Farm Bureau Mut. Ins. Co., Inc.

Robert L. Farmer, Nuss & Farmer, PA, Fort Scott, KS, for Glesnor Brunk.

Melanie D. Caro, Office of U.S. Attorney, Kansas City, KS, for U.S. and Department of Veterans Affairs.

Kelly Susan May, Daniels & Kaplan, P.C., Kansas City, MO, Ted R. Osburn, Osburn, Hine, Kuntze & Yates, Cape Girardeau, MO, for St. Joseph Medical Center, Inc.

Craig C. Blumreich, Gehrt & Roberts, Chartered, Topeka, KS, for Allied Mut. Ins. Co.

Chris W. Henry, Payne & Jones, Chtd., Overland Park, KS, for Mercy Hosp.

Harold S. Youngentob, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Overland Park Regional Medical Center.

Fred Spigarelli, Thomas E. Hayes, Spigarelli, McLane & Short, Pittsburgh, KS, John Harl Campbell, Andrew H. McCue, Campbell, Holt & McCue, Kansas City, MO, Robert L. Farmer, Nuss & Farmer, PA, Fort Scott, KS, for Cynthia Smith.


MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This matter is presently before the court on plaintiff's motion to dismiss the counterclaim brought by defendant Overland Park Regional Medical Center (the Hospital) (Doc. 45). Because the Hospital's interest in its hospital lien is protected by its status as a defendant stakeholder, the court grants the motion, and the Hospital's counterclaim is hereby dismissed.

I. Background

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