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MARTIN COUNTY COAL v. UNIVERSAL UNDERWRITERS INS.

Civil Action No. 08-93-ART.

792 F.Supp.2d 958 (2011)

MARTIN COUNTY COAL CORPORATION, Plaintiff, v. UNIVERSAL UNDERWRITERS INSURANCE SERVICES, INC., Defendant.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

June 1, 2011.

Attorney(s) appearing for the Case

Judd R. Uhl , Mannion & Gray Co., LPA, Covington, KY, for Plaintiff.

Robert D. Bobrow , Robert Estes Stopher , Boehl, Stopher & Graves, Louisville, KY, for Defendant.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

The standard for securing summary judgment is appropriately a tough one, and courts should be hesitant to deprive litigants of their day in court. (Hence, this Court has already denied two such motions in this case.) But courts should not force parties who have thoroughly shown that they cannot lose at trial to still suffer the expense of actually going to trial. Universal has made that showing...

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