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IBP, INC. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH

No. CIV 01-4240.

299 F.Supp.2d 1024 (2003)

IBP, INC., a Delaware corporation, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation, Defendant.

United States District Court, D. South Dakota, Southern Division.

December 3, 2003.

Attorney(s) appearing for the Case

William P. Fuller, William G. Taylor, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Nicholas J. Zoogman, Dickstein, Shapiro, Morin & Oshinsky, LLP, New York, NY, for Plaintiff.

Donald A. Porter, Patricia A. Meyers, Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The Plaintiff IBP, Inc. filed a Motion for Summary Judgment, Doc. 50. The Defendant, National Union Fire Insurance Company of Pittsburgh ("National Union"), filed a response and IBP filed a reply. Oral arguments on the motion were heard during the Pretrial Conference on November 3, 2003. For the reasons set forth below, the motion will be granted in part and denied in part.

BACKGROUND

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