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ALLIED MUT. INS. CO. v. U.S.

No. 96-4052-SAC.

955 F.Supp. 1324 (1997)

ALLIED MUTUAL INSURANCE COMPANY and Hastco, Inc., Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant.

United States District Court, D. Kansas.

February 28, 1997.

Attorney(s) appearing for the Case

John H. Hutton, Gehrt & Roberts, Chartered, Topeka, KS, for Allied Mut. Ins. Co. and Hastco, Inc.

Jackie A. Rapstine, Office of U.S. Atty., Topeka, KS, for U.S.

James R. McCabria, Hall, Levy, DeVore, Bell & Ott, P.A., Coffeyville, KS, for State Farm Mut. Auto. Ins. Co.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The case comes before the court on the third-party defendant State Farm Mutual Automobile Insurance Company's ("State Farm's") motion for summary judgment (Dk.14) and the third-party plaintiff United States of America's ("United States'") motion for summary judgment against State Farm (Dk.16). The issue in both motions is whether State Farm, as the insurer of a postal carrier, owes a duty to defend and indemnify...

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