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BITUMINOUS CAS. CORP. v. RPS CO.

Civil A. No. 3:94CV-340-S.

915 F.Supp. 882 (1996)

BITUMINOUS CASUALTY CORPORATION, Plaintiff and Counterdefendant v. RPS COMPANY, Defendant, Counterplaintiff and Intervening Defendant v. CIGNA PROPERTY & CASUALTY CO., Intervening Plaintiff.

United States District Court, W.D. Kentucky.

January 4, 1996.

Attorney(s) appearing for the Case

William B. Orberson, Boehl Stopher & Graves, Louisville, KY, and Mark R. Feather, Brown, Todd & Heyburn, Louisville, KY, for plaintiff and counterdefendant, Bituminous Casualty Corporation.

Walter L. Porter, Barnett, Porter & Dunn, Louisville, KY, for intervening plaintiff, Cigna Property and Casualty Companies.

Robert L. Roark, Newberry, Hargrove & Rambicure, Lexington, KY and J. Stephen McDonald, McDonald, Walther, Roark & Gay, Lexington, KY, for defendant, counterplaintiff, and intervening defendant, RPS Company.

MEMORANDUM OPINION

SIMPSON, Chief Judge.

This matter is before the court on the motions of the plaintiff, Bituminous Casualty Corporation (Bituminous) for summary judgment and of the defendant RPS Company (RPS) for partial summary judgment.

The matter was filed in this court by Bituminous invoking our diversity jurisdiction and seeking declaratory relief pursuant to 28 U.S.C. § 2201. RPS filed counterclaims seeking declaratory relief...

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