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FLOYD'S SALES & SERVICE, INC. v. UUIC

No. 7:CV94-5020.

910 F.Supp. 464 (1995)

FLOYD'S SALES & SERVICE, INC., Plaintiff, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Defendant.

United States District Court, D. Nebraska.

August 29, 1995.

Attorney(s) appearing for the Case

Simmons, Olsen Law Firm, James M. Worden, Scottsbluff, Nebraska, for plaintiff.

Kay, Kay Law Firm, Stephen W. Kay, North Platte, Nebraska and Bates, Meckler Law Firm, Robert J. Bates, Jr., Catherine M. Crisham, Chicago, Illinois, for defendant.

MEMORANDUM AND ORDER

SHANAHAN, District Judge.

Before the court is filing no. 16, the motion for summary judgment filed by the defendant, Universal Underwriters Insurance Company ("UUIC"), on the ground that "[u]nder Nebraska law, the policies in this action do not provide coverage for the `response costs' for which plaintiff seeks coverage."

BACKGROUND

On July 21, 1994, Floyd's Sales & Service, Inc. ("Floyd's Sales") filed a "Petition...

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