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EAST BAY LTD. v. AMERICAN GENERAL LIFE & ACC. INS.

No. 89-182-CIV-T-17(C).

744 F.Supp. 1118 (1990)

EAST BAY LIMITED PARTNERSHIP, Plaintiff, v. AMERICAN GENERAL LIFE & ACCIDENT INSURANCE CO., Defendant.

United States District Court, M.D. Florida, Tampa Division.

September 7, 1990.

Attorney(s) appearing for the Case

Braxton Counts, III, Mobile, Ala., Clifton A. Livingston, Tampa, Fla., for plaintiff.

Richard T. Dorman, W. Alexander Gray, Jr., Mobile, Ala., Edward M. Waller, Jr., Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, Fla., for defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

KOVACHEVICH, District Judge.

The cause is before the Court on Defendant's motion for summary judgment and request for oral argument, filed May 10, 1990, and Plaintiff's response thereto, filed May 23, 1990.

STANDARD OF REVIEW

This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material...

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