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COMMERCIAL UNION INS. v. JOHN MASSMAN CONTRACTING

Civ. A. No. 87-2364-O.

713 F.Supp. 1403 (1989)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff, v. JOHN MASSMAN CONTRACTING COMPANY, Defendant.

United States District Court, D. Kansas.

May 31, 1989.

Attorney(s) appearing for the Case

Paul Hasty, Jr., Wallace, Saunders, Austin Brown and Enochs, Chartered, Overland Park, Kan., for plaintiff.

Patrick L. Dunn, Hartigan & Yanda, P.C., Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on cross motions for summary judgment. Plaintiff sues for payment of certain premiums allegedly due under three insurance policies it issued to defendant. Defendant counterclaims under a fourth policy for monies allegedly expended by it in defense and settlement of two earlier lawsuits. The underlying litigation grew out of an alleged breach of a subcontract between defendant...

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