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KUHFELDT v. LIBERTY MUT. INS. CO.

No. 93-70677.

833 F.Supp. 632 (1993)

George KUHFELDT and Mary Kuhfeldt, on behalf of themselves and others similarly situated in the United States, Plaintiffs, v. LIBERTY MUTUAL INSURANCE COMPANY and Liberty Mutual Fire Insurance Company, Defendants.

United States District Court, E.D. Michigan, S.D.

October 8, 1993.

Attorney(s) appearing for the Case

Michael J. Hainer and James D. Zazakis, Hainer & Demorest, Troy, MI, for plaintiffs.

F. Peter Blake, Michael P. Donnelly and Blake Kirchner, Detroit, MI, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT

GADOLA, District Judge.

Plaintiffs filed a second amended complaint September 28, 1993. On October 1, 1993, defendants filed a motion to dismiss the second amended complaint or in the alternative, motion for summary judgment. Plaintiffs filed a response October 4, 1993.1 Oral argument was heard October 6, 1993.

I. Facts

In May 1992...

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