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PACE CONST. CO. v. TRAV. CAS. & SUR. CO. OF AMER.

No. 4:02 CV 1278 DDN.

259 F.Supp.2d 934 (2003)

PACE CONSTRUCTION CO., INC., Plaintiff, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

March 7, 2003.

Attorney(s) appearing for the Case

W. Dudley McCarter, III, Behr And McCarter, St. Louis, MO, Christopher L. Kanzler, Dunn and Miller, PC, Town and Country, MO, for Plaintiff.

Richard F. Huck, III, Partner Company of America, Blumenfeld and Kaplan, St. Louis, MO, Douglas R. Kennedy, Kennedy and Kennedy, Poplar Bluff, MO, Richard W. Miller, Scott H. Murphy, Miller Law Firm, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

NOCE, United States Magistrate Judge.

This action is before the court on the motion of defendant Travelers Casualty & Surety Company of America (Travelers) to dismiss or, in the alternative, to stay. The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Oral argument was heard on February 27, 2003.

I. BACKGROUND

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