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GUIDANT SPECIALTY MUT. INS. CO. v. DUNCAN

No. Civ.A. 98-4182-DES.

71 F.Supp.2d 1090 (1999)

GUIDANT SPECIALTY MUTUAL INSURANCE COMPANY, Plaintiff, v. William W. DUNCAN and Charlene Duncan and Gary S. Overley, Defendants.

United States District Court, D. Kansas.

September 8, 1999.

Attorney(s) appearing for the Case

Keith A. Cary, John L Mullen, Franke & Schultz, P.C., Kansas City, MO, for plaintiff.

Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, Lowell F. Hahn, Hahn & Hahn Lawyers, P.A., Phillipsburg, KS, for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiff's Motion for Summary Judgment (Doc. 8). The defendants filed a cross-Motion for Summary Judgment (Doc. 11). The court has reviewed the parties' motions and supporting memoranda and is ready to rule.

I. INTRODUCTION

The facts of the case are undisputed. On October 20, 1996, the vehicles driven by Gary Overley and William Duncan collided. Charlene...

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