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AUSTIN FIREWORKS, INC. v. T.H.E. INS. CO.

Civ. A. No. 90-1341-FGT.

809 F.Supp. 829 (1992)

AUSTIN FIREWORKS, INC., Plaintiff, v. T.H.E. INSURANCE COMPANY, Defendant.

United States District Court, D. Kansas.

December 8, 1992.

Attorney(s) appearing for the Case

Alvin D. Herrington, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, for Austin Fireworks, Inc.

David J. Morgan, Hershberger, Patterson, Jones & Roth, Wichita, KS, for T.H.E. Insurance Co.

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(7) for failure to join a party under Fed.R.Civ.P. 19. Doc. 6. Plaintiff Austin Fireworks brings this action against its liability insurer, T.H.E. Insurance, seeking a declaration that its policy provides coverage for the injuries suffered by Craig Dehmlow allegedly caused by the detonation of a fireworks shell manufactured...

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