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  5. 982 F.Supp. 831 (1997)
 

CNA INTERN. REINSURANCE CO. v. CPB ENTERPRISES, INC.

No. CIV.A. 96-1026-CB-M.

982 F.Supp. 831 (1997)

CNA INTERNATIONAL REINSURANCE CO., Plaintiff, v. CPB ENTERPRISES, INC., d/b/a World Gym, Defendant.

United States District Court, S.D. Alabama, Southern Division.

November 6, 1997.

Attorney(s) appearing for the Case

David C. Hannan, Mobile, AL, Wayne D. Taylor, Lawrence B. Domenico, Mozley, Finlayson & Loggins, Atlanta, GA, for Plaintiff.

Horace Moon, Jr., William A. Donaldson, Mobile, AL, for Defendant.

ORDER

BUTLER, Chief Judge.

This matter comes before the Court on cross motions for summary judgment (Tab 25 & Tab 27). The Court, after careful consideration of the parties' motions and written submissions, finds that the plaintiff's motion for summary judgment is GRANTED and defendant's motion for summary judgment is DENIED.

Findings of Fact

On or about May 30, 1996, Kimberly Mellert (Mellert) filed...

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