HARTFORD FIRE INS. CO. v. GANDY DANCER, LLC

No. CIV 10-0137 JB/RHS.

864 F.Supp.2d 1157 (2012)

The HARTFORD FIRE INSURANCE COMPANY, Plaintiff/Counter-Defendant, v. GANDY DANCER, LLC; BNSF Railway Company; and Roy D. Mercer, LLC., Defendants, and BNSF Railway Company, Counter-Plaintiff, v. The Hartford Fire Insurance Company, Counter-Defendant.

United States District Court, D. New Mexico.

March 28, 2012.


Attorney(s) appearing for the Case

Thomas J. Bunting , Todd Schwarz , Miller Stratvert, P.A., Albuquerque, NM, for Plaintiff.

Robert P. Warburton , Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A., Albuquerque, NM, for Defendant Gandy Dancer, LLC.

Tim L. Fields , Earl E. DeBrine, Jr. , Paul T. Halajian , Nathan T. Nieman , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Defendant BNSF Railway Company.

Charles T. DuMars , Tanya L. Scott , Law & Resource Planning Associates, Albuquerque, NM, for Defendant Roy D. Mercer, LLC.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) The Hartford Fire Insurance Company's Motion for Summary Judgment Declaring that the Terms of the Policy Issued to Gandy Dancer Do Not Provide Coverage for Roy D. Mercer, LLC's Claims Against BNSF and Gandy Dancer, filed June 10, 2011 (Doc. 37)("MSJ"); and (ii) BNSF Railway Company's Rule 56(f) Motion and Memorandum Brief in Support...

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