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MIDWEST MUT. INS. CO. v. WIREMAN

No. 2000-CA-002063-MR.

54 S.W.3d 177 (2001)

MIDWEST MUTUAL INSURANCE COMPANY, Appellant, v. Nicholas WIREMAN and Keith Bailey, Appellees.

Court of Appeals of Kentucky.

August 24, 2001.

Attorney(s) appearing for the Case

Todd S. Page, Perry M. Bentley, Stoll, Keenon & Park, LLP, Lexington, KY, Attorneys for Appellant.

John C. Collins, Collins, Allen & McFarland, Salyersville, KY, Attorney for Appellee Nicholas Wireman.

William G. Francis, Francis, Kendrick & Francis, Prestonsburg, KY, Attorney for Appellee Keith Bailey.

Before HUDDLESTON, KNOPF and TACKETT, Judges.

OPINION

HUDDLESTON, Judge:

Midwest Mutual Insurance Company appeals from an order denying its motion to dismiss and motion for summary judgment in an action filed against Midwest by Nicholas Wireman and Keith Bailey.

The motion that the circuit court denied was styled as a motion to dismiss for lack of prosecution,1 or in the alternative, for summary judgment2 in favor of Midwest.<...

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