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CERTAINTEED CORP. v. EMPLOYERS INS. OF WAUSAU

Civil Action No. 95-2073-GTV.

939 F.Supp. 826 (1996)

CERTAINTEED CORPORATION, Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Defendant.

United States District Court, D. Kansas.

September 6, 1996.

Attorney(s) appearing for the Case

Steven K. O'Hern, Leawood, KS, for plaintiff.

Robert W. Cotter, Jacqueline L. Mixon, Patrick J. Kaine, Dysart, Taylor, Penner, Lay & Lewandowski, P.C., Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This matter is before the court on defendant's motion for summary judgment (Doc. 54) and plaintiff's cross-motion for summary judgment (Doc. 57). The parties oppose the respective motions. Based on the record before the court, and for the reasons set forth below, plaintiff's motion is granted and defendant's motion is denied.

Plaintiff CertainTeed Corp. ("CertainTeed") has brought this declaratory...

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