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THOLEN SUPPLY CO., INC. v. CONTINENTAL CAS. CO.

No. 93-2224-JWL.

859 F.Supp. 467 (1994)

The THOLEN SUPPLY COMPANY, INC., et al., Plaintiffs, v. CONTINENTAL CASUALTY COMPANY, Defendant.

United States District Court, D. Kansas.

July 5, 1994.

Attorney(s) appearing for the Case

Jeffrey L. Baxter, Jeffrey E. Goering, Chapman, Waters & Baxter, Leavenworth, KS, Pedro L. Irigonegaray, Irigonegaray & Associates, Topeka, KS, for plaintiffs.

James L. Sanders, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, KS, for Continental Cas. Co.

Janice M. Karlin, Office of U.S. Atty., Kansas City, KS, for James V. Carlson, Peter W. Lobdell, James H. Jimmerson.

James W. Coder, Office of State Fire Marshal, Topeka, KS, for Donald Watkins.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

I. Introduction

This case involves a breach of contract claim based upon an insurance contract entered into between plaintiffs and defendants. Plaintiffs seek to recover damages sustained when their business was destroyed by fire. Defendant has refused to pay plaintiffs any proceeds under the insurance contract and alleges, among other things, that the fire was deliberately set by one...

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