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WAL-MART STROES, INC. v. RLI INS. CO.

No. CIV. 99-5074.

163 F.Supp.2d 1025 (2001)

WAL-MART STORES, INC., and National Union Fire Insurance Company of Pittsburgh PA Plaintiffs v. RLI INSURANCE COMPANY Defendant

United States District Court, W.D. Arkansas, Fayetteville Division.

March 23, 2001.

Attorney(s) appearing for the Case

Marshall S. Ney, Leigh Anne Yeargan, Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, AR, James D. Wagoner, Lynne Thaxter Brown, Murray B. Wells, Patrick Toole, McCormick, Barstow, Sheppard, Wayte & Carruth, LLP, Fresno, CA, for Plaintiffs.

Richard N. Watts, David M. Donovan, Watts & Donovan, P.A., Little Rock, AR, Clyde C. Greco, Jr., Phillip M. McKenney, Jon S. Brick, Greco, Traficante & Edwards, San Diego, CA, for RLI Ins. Co.

John C. Calhoun, Jr., Phil W. Campbell, Hilburn, Calhoon, Harper, Pruniski & Calhoun, LTD, North Little Rock, AR, for Cheyenne Indus.

MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

This declaratory judgment action is once again before the court on cross-motions for summary judgment. Wal-Mart and its primary insurer, National Union Fire Insurance Company of Pittsburgh PA, move for summary judgment arguing they have no obligation to pay any portion of an $11 million settlement paid in a personal injury products liability action. RLI Insurance Company has also moved for summary...

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