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ASSURANCE CO. OF AMERICA v. LEGENDARY HOME BUILD., INC.

No. CIV.A.02-0537-P-M.

305 F.Supp.2d 1266 (2003)

ASSURANCE COMPANY OF AMERICA, Plaintiff, v. LEGENDARY HOME BUILDERS, INC., f/k/a First American Builders, Inc., Richard D. Horne and Patricia N. Horne, Defendants.

United States District Court, S.D. Alabama, Southern Division.

June 3, 2003.

Attorney(s) appearing for the Case

Michael E. Upchurch, Frazer, Greene, Upchurch & Baker LLC, Elizabeth Anne Citrin, Alford, Clausen & McDonald, Mobile, AL, Thomas S. Garrett, Wiley, Rein & Fielding, Washington, DC, for Plaintiff.

Christopher G. Hume, III, Miller, Hamilton, Snider & Odom, Mobile, AL, Jason S. McCormick, McCormick and Brown, LLC, Mobile, AL, for Defendant.

ORDER MODIFYING [AND ADOPTING] THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND STAY ORDER

PITTMAN, Senior District Judge.

On April 8, 2003, the Magistrate Judge issued a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), in this declaratory judgment action brought under 28 U.S.C. § 2201 (doc.20). The Magistrate Judge, after considering the Motion to Dismiss filed by...

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