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LIFE REHAB SERVICES v. ALLIED PROPERTY & CAS. INS.

No. 05-CV-1279(PJS/RLE).

616 F.Supp.2d 924 (2007)

LIFE REHAB SERVICES, INC., a Minnesota corporation; Medical Pain Management, a Minnesota corporation; Physicians' Diagnostics & Rehabilitation, a Minnesota corporation; and Medical Advanced Pain Specialists, a Minnesota corporation, on behalf of themselves and all others similarly situated, Plaintiffs, v. ALLIED PROPERTY & CASUALTY INSURANCE COMPANY; AMCO Insurance Company; Depositors Insurance Company; and Nationwide Insurance Company of America, Defendants.

United States District Court, D. Minnesota.

August 2, 2007.

Attorney(s) appearing for the Case

Jordan M. Lewis and Wood R. Foster, Jr., Siegel Brill Greupner Duffy & Foster, PA, Minneapolis, MN; David B. Ketroser; John J. Curi; and Neil P. Thompson, for plaintiffs.

Erin C. Skold, Leonard Street and Deinard, PA, for defendant Nationwide Insurance Company of America; Allen I. Saeks and Monica L. Davies, Leonard Street and Deinard, PA; and Edward K. Cottrell and John P. Marino, Fowler White Boggs Banker, for defendants.

ORDER

PATRICK J. SCHILTZ, District Judge.

This matter is before the Court on the parties' objections to the June 13, 2007 Report and Recommendation ("R & R") of Magistrate Judge Raymond L. Erickson. Judge Erickson makes two alternative recommendations: Pursuant to his independent analysis, Judge Erickson recommends granting defendants' motion for summary judgment. Alternatively, in the event that the Court adheres to its understanding of Minnesota law...

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