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HUBBARD BUSINESS PLAZA v. LINCOLN LIBERTY LIFE

No. CV-R-82-7-ECR.

596 F.Supp. 344 (1984)

HUBBARD BUSINESS PLAZA, a Nevada general partnership, Plaintiff, v. LINCOLN LIBERTY LIFE INSURANCE COMPANY, a Nebraska corporation, Defendant. LINCOLN LIBERTY LIFE INSURANCE COMPANY, a Nebraska corporation, Counterclaimant, v. Robert DELLER, Theodore J. Day, Jack E. McCorkle, Ray L. Wilbur, III, Preston Q. Hale, Lenny See, individuals, Nevada National Bank, a Nevada corporation, and Hubbard Business Plaza, a Nevada general partnership; Does I-XX, inclusive, Counterdefendants.

United States District Court, D. Nevada.

October 24, 1984.

Attorney(s) appearing for the Case

Richard W. Horton, Reno, Nev., for plaintiff and counterdefendants Robert R. Deller, Theodore J. Day, Jack E. McCorkley, Ray L. Wilbur, III, Preston Q. Hale & Hubbard Business Plaza.

Beckley, Singleton, DeLanoy & Jemison by Roland K. Martin and Drake DeLanoy, Reno, Nev., for defendant Lincoln Liberty Life Ins. Co.

C. David Russell, Guild, Hagen & Clark, Reno, Nev., for counterdefendants Nevada Nat. Bank and Lenny See.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

The counterdefendants' motion for partial summary judgment, which contends that counterclaimant Lincoln Liberty Life Insurance Company (hereinafter Lincoln) is not entitled to punitive damages as a matter of law, has been considered by U.S. Magistrate Phyllis Halsey Atkins. In a Report and Recommendation filed March 26, 1984, the Magistrate has recommended that the motion be denied. She feels...

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