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WELLMARK, INC. v. DEGUARA

No. 4:02-CV-40534.

257 F.Supp.2d 1209 (2003)

WELLMARK, INC., Plaintiff, v. Christopher DEGUARA, Defendant.

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

April 7, 2003.

Attorney(s) appearing for the Case

David M. Swinton, Ahlers & Cooney Pc, Des Moines, IA, for Plaintiff.

Roxanne Conlin, Conlin & Associates PC, Des Moines, IA, Richard S Mac-Naughton, Pop & Associates, Beverly Hills, CA, for Defendant.

ORDER DENYING DEFENDANT'S RULE 12(b)(6) MOTION TO DISMISS1

GRITZNER, District Judge.

This matter comes before the Court on Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Clerk's No. 18). The parties have not requested a hearing on the motion.2

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant Christopher Deguara was injured in an automobile...

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