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DUNN v. MIDWESTERN INDEM., ETC.

No. C-3-78-105.

472 F.Supp. 1106 (1979)

Austin DUNN et al., Plaintiffs, v. The MIDWESTERN INDEMNITY MID-AMERICAN FIRE AND CASUALTY COMPANY et al., Defendants.

United States District Court, S. D. Ohio, W. D.

June 20, 1979.

Attorney(s) appearing for the Case

Ashley C. Brown, Dayton, Ohio, for plaintiff.

Robert C. Alexander, Neil F. Freund, Dayton, Ohio, for Midwestern.

Douglas K. Ferguson, Dayton, Ohio, for Borchers Ins. Co.

David W. Peck, Cincinnati, Ohio, for Commercial Union.

David C. Greer, Dayton, Ohio, for Hartford Ins.

Thomas E. Jenks, Dayton, Ohio, for American States Ins. Co.

Robert P. Bartlett, Dayton, Ohio, for P. Borden Grethouse.

ORDER

CARL B. RUBIN, District Judge.

This matter is before the Court on the motion of defendant Midwestern Indemnity Company (Midwestern) for reconsideration of the Court's denial of Midwestern's 12(b)(6) motion.

On August 25, 1978, Midwestern's motion under Federal Rule of Civil Procedure 12(b)(6) was treated by the Court as a motion for summary judgment; and as a motion for summary judgment it was denied. Now, Midwestern moves to exclude all extraneous...

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