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EATON v. CONTINENTAL GENERAL INS. CO.

No. 3:99CV7541.

147 F.Supp.2d 829 (2001)

David E. EATON, Plaintiff, v. CONTINENTAL GENERAL INSURANCE COMPANY, et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

April 26, 2001.

Attorney(s) appearing for the Case

Joseph C. Benage, Walter M. Brown, Morrison & Hecker L.L.P., Kansas City, MO, John K Nelson, Cooper, Walinski & Cramer, Toledo, OH, for LabOne, Inc.

Marshall A. Bennett, Jr., Marshall & Melhorn, Toledo, OH, for Continental General Insurance Company.

Stefanie E. Berk, Thomas P. Dillon, Shumaker, Loop & Kendrick, Toledo, OH, for John Doe.

Kevin K. Gavin, The Western & Southern Life Insurance Co, Cincinnati, OH, for Western-Southern Life Insurance Company.

Richard B. McQuade, Toledo, OH, pro se.

Mark P. Prajsner, Helmick, Prajsner & Hoolahan, Toledo, OH, Vesper C. Williams, Toledo, OH, for David E. Eaton.

ORDER

CARR, District Judge.

This is a diversity action arising under Ohio Revised Code § 3901.46(B)(1), in which plaintiff alleges that defendants breached a statutory duty when they failed to notify plaintiff that he tested positive for the HIV virus. Plaintiff also alleges negligence and breach of contract because of defendants' failure to notify him about the test results. Pending are defendants' motions for summary judgment (Docs. 71, 72, 77, and...

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