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ASSURANCE CO. OF AMERICA v. LEGENDARY HOME BUILD., INC.

No. CIV.A. 02-0537-P-M.

305 F.Supp.2d 1272 (2004)

ASSURANCE COMPANY OF AMERICA, Plaintiff, v. LEGENDARY HOME BUILDERS, INC., f/k/a First American Builders, Inc., Richard D. Horne and Patricia N. Horne, Defendants.

United States District Court, S.D. Alabama. Southern Division.

January 13, 2004.

Attorney(s) appearing for the Case

Michael E. Upchurch, Frazer, Greene, Upchurch & Baker LLC, Elizabeth Anne Citrin, Alford, Clausen & McDonald, Mobile, AL, Thomas S. Garrett, Wiley, Rein & Fielding, Washington, DC, for Plaintiff.

Christopher G. Hume, III, Miller, Hamilton, Snider & Odom, Jason S. McCormick, McCormick and Brown, LLC, Mobile, AL, for Defendant.

ORDER AMENDING THE JUNE 3, 2003 STAY ORDER

PITTMAN, Senior District Judge.

Pending before this court in this declaratory judgment action, brought pursuant to 28 U.S.C. § 2201-2202, is a Motion to Lift Stay filed by plaintiff Assurance Company of America ("Assurance") (doc.30), with a Renewed Motion to Dismiss or in the alternative Motion to Stay filed by defendants Richard and Patricia Horne (the "Hornes") in response (doc.31); Assurance's Opposition...

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