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LINCOLN TECHNICAL INSTITUTE v. FEDERAL INS. CO.

No. CIV 93-1536-PHX-SMM.

927 F.Supp. 376 (1994)

LINCOLN TECHNICAL INSTITUTE OF ARIZONA, INC., an Arizona corporation, et al., Plaintiffs, v. FEDERAL INSURANCE COMPANY, an Indiana corporation, Defendant.

United States District Court, D. Arizona.

June 30, 1994.

Attorney(s) appearing for the Case

Sharon Brook Shively, Sacks, Tierney & Kasen, P.A., Phoenix, AZ, for Lincoln Technical Institute of Arizona, Inc., Universal Technical Institute of Texas, Inc.

William F. Haug, Jeff R. Wilhelm, Julianne C. Wheeler, Jennings & Haug, Phoenix, AZ, for Federal Insurance Company.

MEMORANDUM OF DECISION AND ORDER

McNAMEE, District Judge.

INTRODUCTION

On March 29, 1994, Defendant filed a Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs responded in opposition to the Motion and cross-moved for summary judgment. The motions have been fully briefed and are now ready for the Court's consideration.

STANDARD OF REVIEW

Summary judgment is appropriate...

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