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MODERN EQUIPMENT CO. v. CONTINENTAL WESTERN INS.

No. 1-01-CV-90005.

146 F.Supp.2d 987 (2001)

MODERN EQUIPMENT COMPANY, a Nebraska corporation, Plaintiff, v. CONTINENTAL WESTERN INSURANCE COMPANY, INC. an Iowa corporation, Defendant.

United States District Court, S.D. Iowa, Western Division.

June 12, 2001.

Attorney(s) appearing for the Case

Kirk S. Blecha, Thomas E. Johnson, Baird Holm Mceachen Pederson Hamann & Strasheim, Omaha, NE, for plaintiff.

Robert Laubenthal, Smith Pederson & Beckman, Council Bluffs, IA, Michael G. Mullin, McGrath North Mullin & Kratz, Omaha, NE, for defendant.

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

This action is before the Court on Defendant's Motion to Dismiss or, in the Alternative, Motion for Stay of Proceedings. Plaintiff brings this action to obtain a declaratory judgment regarding a coverage dispute over certain insurance policies issued to it by Defendant. Defendant seeks to dismiss the action on the grounds that Plaintiff fails to allege an actual controversy and fails to satisfy the requisite...

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