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U.S. FIDELITY & GUAR. CO. v. SULCO, INC.

Civil Action No. 95-2189-DES.

939 F.Supp. 820 (1996)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff, v. SULCO, INC., Defendant.

United States District Court, D. Kansas.

September 4, 1996.

Attorney(s) appearing for the Case

Steven B. Moore, Laurence R. Tucker, Melody L. Nashan, Watson & Marshall L.C., Kansas City, MO, for United States Fidelity and Guaranty Insurance Company.

William A. Larson, Gehrt & Roberts, Chartered, Topeka, KS, for Sulco, Inc.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on defendant's Motion For Partial Summary Judgment (Doc. 35) filed April 10, 1996. Plaintiff, United States Fidelity and Guaranty Company ("USF & G"), filed a three-count complaint against defendant, Sulco, Inc. ("Sulco"), alleging negligence and breach of contract arising from Sulco's binding USF & G to certain insurance contracts. In Count I, plaintiff alleges...

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