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EMC NATIONAL LIFE COMPANY v. EMPLOYEE BENEFITS SYSTEMS

No. 4:10-cv-00143-JEG.

827 F.Supp.2d 979 (2011)

EMC NATIONAL LIFE COMPANY, Plaintiff, v. EMPLOYEE BENEFITS SYSTEMS, INC., and William B. Loweth, Defendants. Employee Benefits Systems, Inc., Counterclaim Plaintiff v. EMC National Life Company, Counterclaim Defendant.

United States District Court, S.D. Iowa, Central Division.

September 26, 2011.

Attorney(s) appearing for the Case

Bradley M. Beaman , John C. Cortesio, Jr. , Denny M. Dennis , Todd A. Strother , Bradshaw Fowler Proctor & Fairgrave Des Moines, IA, for Counter Defendant/Plaintiff, EMC National Life Company.

Gregory R. Brown , Joseph Graham Gamble , Duncan Green Brown Langeness & Eckley PC, Arnold Anderson (Andy) Vickery , Perdue Kidd & Vickery, Des Moines, IA, for Counter Claimant/Defendant, Employee Benefits Systems, Inc.

Thomas W. Foley , Babich Goldman, P.C., Des Moines, IA, for Defendant, William B. Loweth.

ORDER

JAMES E. GRITZNER, District Judge.

This matter comes before the Court on a Motion for Determination of a Law Point (ECF No. 60) filed by Defendant/Counterclaim Plaintiff Employee Benefits Systems, Inc. (EBS). Plaintiff/Counterclaim Defendant EMC National Life Company (EMCNL)1 does not resist the determination of the law point at issue in EBS's motion but argues for a contrary result. The Court held a hearing on the motion...

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