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MECHANICAL, INC. v. FEDERAL INS. CO.

No. CIV.A. 97-4008-DES.

33 F.Supp.2d 941 (1998)

B & K MECHANICAL, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, National Council on Compensation Insurance, Inc., and the Travelers Indemnity Company, Defendants.

United States District Court, D. Kansas.

December 21, 1998.

Attorney(s) appearing for the Case

Justice B. King, Fisher, Patterson, Sayler & Smith, Topeka, KS, for B & K Mechanical, Inc., plaintiff.

Lynn W. Hursh, Douglas R. Richmond, Gerald A. King, Armstrong, Teasdale, Schlafly & Davis, Kansas City, MO, for National Council on Compensation Insurance, Inc., Travelers Indemnity Company, Federal Insurance Company, defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the portion of Counterclaimant Federal Insurance Company's Motion for Summary Judgment (Doc. 18) which was taken under advisement in the court's Memorandum and Order dated June 2, 1998.

I. INTRODUCTION

B & K Mechanical, Inc. ("B & K"), is an Americus, Kansas, based company which performs industrial construction and millwork in various states...

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