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BRYAN MEMORIAL v. ALLIED PROPERTY AND CAS. INS.

No. 4:98CV3263.

163 F.Supp.2d 1059 (2001)

BRYAN MEMORIAL HOSPITAL, d/b/a Lincoln General Hospital, a Nebraska nonprofit corporation, Plaintiff, v. ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. Muriel P. Rokes, Third-Party Defendant.

United States District Court, D. Nebraska.

September 27, 2001.

Attorney(s) appearing for the Case

William F. Austin, Erickson, Sederstrom Law Firm, Lincoln, NE, Edward F. Hoffman, Cada & Associates, Lincoln, NE, for Plaintiff.

Stephen L. Ahl, Andrew B. Koszewski, Wolfe, Snowden Law Firm, Lincoln, NE, for Defendant and Third-Party Plaintiff.

Vincent M. Powers, Powers Law Firm, Lincoln, NE, for Third-Party Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KOPF, District Judge.

This is an action brought by a hospital against an insurance company seeking recovery of $77,381.58 plus interest based upon the insurance company's alleged impairment of the hospital's lien upon settlement proceeds when the insurance company reached a settlement directly with the injured party without paying the hospital for medical services it provided to the injured party. Following a bench...

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