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LONE STAR STEAKHOUSE & SALOON v. LIBERTY MUT. INS.

No. 02-1185-WEB.

343 F.Supp.2d 989 (2004)

LONE STAR STEAKHOUSE AND SALOON, INC. and Lone Star Steakhouse and Saloon of Michigan, Inc., Plaintiffs, v. LIBERTY MUTUAL INSURANCE GROUP and Liberty Mutual Fire Insurance Company, Defendants.

United States District Court, D. Kansas.

October 19, 2004.

Attorney(s) appearing for the Case

Brian C. Henderson, Gary Davis, Crowe & Dunlevy, Oklahoma City, OK, Martin W. Bauer, Martin, Pringle, Oliver, Wallace & Bauer, LLP, Wichita, KS, for plaintiffs.

Michael F. Schmidt, Harvey Kruse, P.C., Troy, MI, Patrick J. Murphy, Wallance, Saunders, Austin, Brown & Enochs, Chartered, Wichita, KS, for Defendants.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This matter is before the court on defendant Liberty Mutual's1 Motion for Summary Judgment, and upon motions in limine filed by both sides. The court finds that oral argument would not assist in deciding the issues presented.

I. Background.

Lone Star operates a restaurant in Battle Creek, Michigan. As part of the construction of the restaurant...

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