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KABOB HOUSE, INC. v. HOUSTON GEN. INS. CO.

No. Civ. A3-96-176.

17 F.Supp.2d 1090 (1997)

KABOB HOUSE, INC.; Stephanie A. Sarabakhsh; Morteza Sarabakhsh, and First Bank of ND, NA; Plaintiffs, v. HOUSTON GENERAL INSURANCE COMPANY, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

April 25, 1997.

Attorney(s) appearing for the Case

John D. Kelly, Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, ND, for Plaintiffs.

Brad A. Sinclair, Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, ND, for First Bank of ND, NA, Plaintiff.

Thomas Henry Boyd, Winthrop & Weinstine PA, St Paul, MN, Patrick J. Bailey, Andrean Kalemis, Thornton Taylor Downs Becker Tolson & Doherty, San Francisco, CA, for Defendant.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

Plaintiffs seek declaratory relief and monetary damages for defendant's denial of insurance coverage under the policy issued to Kabob House, Inc. The action was brought in state court and defendant removed to this court. Pending before the court are defendant's motion to dismiss and plaintiffs' motions for partial summary judgment.

Background

Kabob House, Inc., a North Dakota corporation...

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