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KIRCHOFF v. AMERICAN CAS. CO.

No. CIV. 91-5074.

779 F.Supp. 131 (1991)

Tom KIRCHOFF, Plaintiff, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, and CNA Insurance Companies, Defendants.

United States District Court, D. South Dakota, W.D.

October 10, 1991.

Attorney(s) appearing for the Case

Thomas E. Simmons, Rapid City, S.D., for plaintiff.

J. Crisman Palmer, Rapid City, S.D., for defendants.

MEMORANDUM OPINION AND ORDER

BOGUE, Senior District Judge.

Introduction

On September 13, 1991, Defendants American Casualty Company of Reading, Pennsylvania, and CNA Insurance Companies, filed with this Court a Motion to Dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Tom Kirchoff filed an appropriate response, and Defendants replied accordingly. Specifically, Defendants argue that Plaintiff's claim...

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