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ALLIED FINANCIAL SERVICES, INC. v. FOREMOST INS. CO.

Civ. No. 76-0-69.

418 F.Supp. 157 (1976)

ALLIED FINANCIAL SERVICES, INC., a Nebraska Corporation, Plaintiff, v. FOREMOST INSURANCE COMPANY, a Michigan Corporation, Defendant.

United States District Court, D. Nebraska.

August 4, 1976.

Attorney(s) appearing for the Case

Jeffrey A. Silver, Omaha, Neb., for plaintiff.

Robert D. Mullin, Jr., Omaha, Neb., for defendant.

MEMORANDUM AND ORDER

DENNEY, District Judge.

This matter comes before the Court on defendant's motion to dismiss Counts I and III of the complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and Counts V and VI for lack of jurisdiction of the subject matter, Fed.R.Civ.P. 12(b)(1).

Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332(a) and the Sherman Antitrust Act, 15 U.S.C. §§...

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