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CONTAINER SUPPLY CO. v. FIREMAN'S FUND INS. CO.

Civ. A. No. 88-2160.

712 F.Supp. 871 (1989)

CONTAINER SUPPLY COMPANY, A DIVISION OF HANLON CHEMICAL COMPANY, INC., Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant.

United States District Court, D. Kansas.

May 9, 1989.

Attorney(s) appearing for the Case

J. Nick Badgerow and Edward C. Fensholt, Spencer, Fane, Britt & Browne, Overland Park, Kan., and Paul D. Cowling, Kansas City, Mo., for plaintiff.

Richard T. Merker, Wallace, Saunders, Austin, Brown and Enochs, Overland Park, Kan., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on the parties' cross motions for summary judgment. Plaintiff brought this action, claiming that defendant breached a 1975 liability insurance contract by failing to defend it in a Texas lawsuit. Defendant contends it had no duty to defend plaintiff as it was not an insured under the insurance policy. The court has determined that there are no factual disputes and that summary...

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