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FORD MOTOR CO. v. TRANSPORT INDEM. CO.

Civ. A. No. 80-60066, Bankruptcy No. 9-04232-P, Adv. No. 81-1957.

41 B.R. 433 (1984)

FORD MOTOR COMPANY, Plaintiff and Counter-Defendant, v. TRANSPORT INDEMNITY COMPANY, a California corporation and the Central National Insurance Company of Omaha, Nebraska, a Nebraska corporation, Defendants and Counter-Plaintiffs, v. AUTOMOBILE TRANSPORT, INC., a Michigan corporation, and Alexander Andrews, Trustee in Bankruptcy of Automobile Transport, Inc., Additional Defendants on Counterclaim. In re AUTOMOBILE TRANSPORT, INC., Debtor. Alexander G. ANDREWS, Plaintiff-Trustee for Automobile Transport, Inc., Plaintiff and Counter-Defendant, v. FORD MOTOR COMPANY, a Michigan corporation, Defendant and Counter-Plaintiff.

United States District Court, E.D. Michigan, S.D.

June 28, 1984.

Attorney(s) appearing for the Case

George E. Ward, Kauffman, Roche & Ward, Detroit, Mich., for plaintiff and counter-defendant.

Milton Lucow, Garan, Lucow, Miller, Lehman, Seward, & Cooper, William B. Calcutt, Cross, Wrock, Miller & Vieson, Detroit, Mich., John G. Makris, Troy, Mich., for defendants and counter-plaintiffs.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case is before the Court on defendant Transport Indemnity Company's (TICO) Motion to Dismiss, plaintiff Ford's motion to amend the complaint, and Ford's motion for summary judgment. For the reasons stated herein, TICO's motion to dismiss is denied, and Ford's motions to amend and for summary judgment are granted.

FACTS

Defendant Automobile Transport, Inc. (ATI) was a commercial...

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