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CINCINNATI INS. CO. v. PRO ENTERPRISES, INC.

No. CIV 04 4114.

394 F.Supp.2d 1127 (2005)

___ SD ___

THE CINCINNATI INSURANCE COMPANY, Plaintiff, v. PRO ENTERPRISES, INC.; Pro-Built Management, Inc.; Gillette Hospitality Limited Partnership; and Hegg Companies, Inc., Defendants.

United States District Court, D. South Dakota.

June 3, 2005.

Attorney(s) appearing for the Case

Paul D. Lundberg, Lundberg Law Firm, PLC, Sioux City, IA, for Plaintiff.

William G. Beck, Woods, Fuller, Shultz & Smith, PC, Amy Heinrich Arndt, Lee A. Magnuson, and R. Alan Peterson, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Plaintiff filed a Motion for Summary Judgment, Doc. 14, which has been fully briefed by the parties. The motion will be denied for the reasons set forth below. The Court will enter a declaratory judgment in favor of Defendants on the duty to defend issue and will stay the remaining insurance coverage issues.

BACKGROUND

In this diversity action, Plaintiff seeks a declaratory judgment that...

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