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TRI-STATE INS. CO. OF MINN. v. H.D.W. ENTERPRISES

No. 00-4020-SAC.

180 F.Supp.2d 1203 (2001)

TRI-STATE INSURANCE COMPANY OF MINNESOTA, Plaintiff, v. H.D.W. ENTERPRISES, INC., Amy Lynn Criqui, Individually and as Mother and Next Friend of Corvin Lee Criqui, a minor child, and Berkley Danielle Criqui, a minor child, and Timothy M. Acton, Defendants.

United States District Court, D. Kansas.

December 5, 2001.

Attorney(s) appearing for the Case

Mark A. Buck, Nathan Burghart, Topeka, KS, for plaintiff.

Kent M. Bevan, John F. Wilcox, Jr., Dysart, Taylor, Lay, Cotter & McMonigle, P.C., Ronald L. Holt, Watkins, Boulware, Lucas, Miner, Murphy & Taylor, LLP, Kansas City, MO, for HDW Enterprises Inc.

David R. Morris, Kansas City, MO, for Amy Lynn Criqui.

Jennifer L. Groover, Shook, Hardy & Bacon L.L.P., Dana M. Harris, Harris, McCausland & Schmitt, P.C., Kansas City, MO, for Timothy M. Acton.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This declaratory judgment case based upon diversity jurisdiction comes before the court on Tri-State Insurance Company of Minnesota's (hereinafter "Tri-State") motion for summary judgment. The fundamental issue posed by the parties is whether any material issue of fact precludes a determination of insurance coverage for a certain bus which was involved in a fatality accident in Kansas on September 27, 1999...

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