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DEINES v. VERMEER MFG. CO.

Civ. A. No. 88-2052-O.

752 F.Supp. 989 (1990)

Robert E. DEINES, Plaintiff, v. VERMEER MANUFACTURING COMPANY and Liberty Mutual Insurance Company, Defendants.

United States District Court, D. Kansas.

November 28, 1990.

Attorney(s) appearing for the Case

Gene E. Schroer, Schroer, Rice, P.A., Topeka, Kan., Aylward, Svaty & Sherman, Ellsworth, Kan., for plaintiff.

Keith Martin, Payne & Jones, Richard T. Merker, Wallace, Saunders, Austin, Brown and Enochs, Overland Park, Kan., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on the motion of defendant Liberty Mutual Insurance Company (hereinafter "Liberty Mutual") for summary judgment. Plaintiff Robert E. Deines (hereinafter "Deines") contends that Liberty Mutual is liable because the insurer failed to inspect, advise, and counsel co-defendant Vermeer Manufacturing Company (hereinafter "Vermeer Manufacturing") that the company designed and...

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