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ASSURANCE CO. OF AMERICA v. DUSEL BUILDERS, INC.

No. CIV.A. 3:98CV-747-S.

78 F.Supp.2d 607 (1999)

ASSURANCE COMPANY OF AMERICA Plaintiff, v. DUSEL BUILDERS, INC. Defendant.

United States District Court, W.D. Kentucky, at Louisville.

December 16, 1999.

Attorney(s) appearing for the Case

Christopher S. Burnside, Robert Y. Gwin, Laura M. Haara Brown, Todd & Heyburn, Louisville, KY, for plaintiff.

Lloyd Gregory Yopp, McCrocklin & Yopp, Louisville, KY, for defendant.

MEMORANDUM OPINION

SIMPSON, Chief Judge.

This matter is before the Court on motion of the plaintiff, Assurance Company of America ("Assurance"), for summary judgment. Also before the Court is a motion by the defendant, Dusel Builders, Inc. ("Dusel"), to dismiss. For the reasons set forth below, the plaintiff's motion for summary judgment will be granted, and the defendant's motion to dismiss will be denied.

FACTS

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