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YOUELL v. GRIMES

Case No. 00-2207-JWL.

217 F.Supp.2d 1167 (2002)

John Richard Ludbrooke YOUELL, individually and on behalf of certain Underwriters at Lloyd's, London subscribing to Certificate No. DOM 3000357, Plaintiff, v. Cynthia GRIMES, designated representative of Stoico Restaurant Group, Inc., and Stoico Restaurant Group, Inc., Defendants.

United States District Court, D. Kansas.

August 19, 2002.

Attorney(s) appearing for the Case

Mark A. Shaiken, David E. Everson, Jr., Greta Ann McMorris, Stinson Morrison Hecker LLP, Kansas City, MO, Nancy K Tordai, Anastasia Markakis Nye, Hanson & Peters, Barrington, IL, for plaintiff.

John J. Miller, Thomas M. Franklin, Kansas City, MO, for defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff filed a motion for summary judgment (Doc. 192) arguing that uncontroverted facts show that Stoico Restaurant Group, Inc. ("SRG") breached an insurance contract by admitting liability in a state court securities fraud case and that the underwriters of the insurance contract, Syndicate No. 79 of Lloyd's, London (the "underwriters"), therefore, are relieved of their duty to pay under the contract. Defendants...

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