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CENTRAL NATIONAL INS. CO. OF OMAHA v. ROYAL INDEM. CO.

Civ. No. 71-0-344.

337 F.Supp. 319 (1972)

The CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, a Corporation, Plaintiff, v. ROYAL INDEMNITY COMPANY, a Corporation, Defendant.

United States District Court, D. Nebraska.

January 18, 1972.

Attorney(s) appearing for the Case

Martin A. Cannon, of Matthews, Kelley, Cannon & Carpenter, Omaha, Neb., for plaintiff.

Joseph R. Moore, of Gaines, Spittler, Neely, Otis & Moore, Omaha, Neb., for defendant.

MEMORANDUM

RICHARD E. ROBINSON, Chief Judge.

This matter comes before the Court upon what defendant entitles a motion to dismiss. [Filing #3]. However, matters outside the pleading were presented to and not excluded by the Court and the motion is treated as one for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Oral arguments were heard and a copy of an insurance policy issued by the defendant to the plaintiff was received...

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