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DON-RICK, INC. v. QBE AMERICAS

No. 13-cv-625-slc.

995 F.Supp.2d 863 (2014)

DON-RICK, INC., Plaintiff, v. QBE AMERICAS, Defendant.

United States District Court, W.D. Wisconsin.

February 3, 2014.

Attorney(s) appearing for the Case

J. Michael Riley , Timothy M. Barber , Axley Brynelson, LLP, Madison, WI, for Plaintiff.

Dustin Brett Brown , Kendall W. Harrison , Godfrey & Kahn, S.C. Madison, WI, for Defendant.

OPINION AND ORDER

STEPHEN L. CROCKER, United States Magistrate Judge.

In this removal action for breach of contract, plaintiff Don-Rick, Inc. alleges that defendant QBE failed to pay contingent sales commissions for insurance products that Don-Rick sold on behalf of QBE. On September 16, 2013, QBE moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim, claiming that QBE had no contractual obligation to pay Don-Rick contingent...

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