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DAYTON PARK PROPERTIES v. PACIFIC LIFE INS.

No. CIV. 05248DSDSRN.

370 F.Supp.2d 869 (2005)

DAYTON PARK PROPERTIES, L.L.P., a Minnesota limited partnership, Plaintiff, v. PACIFIC LIFE INSURANCE CO., a California corporation, Defendant.

United States District Court, D. Minnesota.

April 14, 2005.

Attorney(s) appearing for the Case

Court J. Anderson, Jeff I. Ross, and Anthony, Ostlund & Baer, Minneapolis, MN, counsel for plaintiff.

Clifford M. Greene, H. Allen Blair, Stacy L. Bettison, Greene Espel, Minneapolis, MN, and Daniel C. Malone, Jenny L. Floyd, and Dechert LLP — NYC, New York, NY, counsel for defendant.

ORDER

DOTY, District Judge.

This matter is before the court upon plaintiff's motion for partial summary judgment. Based upon a review of the file, record and proceedings herein, and for the reasons stated, the court denies the motion and grants partial summary judgment in favor of defendant.

BACKGROUND

This is a declaratory judgment action to ascertain a mortgagor's rights under a note and mortgage. On January 2, 1995, plaintiff Dayton...

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