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MONTANA RAIL LINK v. LEXINGTON INS. CO.

No. CV 00-127-M-DWM.

175 F.Supp.2d 1248 (2001)

MONTANA RAIL LINK, Plaintiff, v. LEXINGTON INSURANCE COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Montana, Missoula Division.

December 5, 2001.

Attorney(s) appearing for the Case

John P. Poston, Harrison, Loendorf, Poston & Duncan, PC, Helena, MT, for Montana Rail Link, plaintiffs.

L.D. Nybo, Conklin, Nybo, LeVeque & Murphy, PC, Great Falls, MT, for Lextngton Insurance, Company, A Delaware Corporation, defendants.

ORDER

MOLLOY, Chief Judge.

I. Procedural Background

A preliminary pretrial conference was held in this case on November 17, 2000. At that time, the damages issues were stayed. A motions deadline and a hearing were set on the coverage issue.

Defendant Lexington Insurance moved for summary judgment on April 30, 2001, stating that the motion would be supported by a brief within five days. That motion was not briefed and is not discussed here...

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