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  5. 400 F.Supp.2d 1140 (2005)
 

BANCINSURE, INC. v. MARSHALL BANK, N.A.

No. Civ. 04-4579JRTRLE.

400 F.Supp.2d 1140 (2005)

BANCINSURE, INC., Plaintiff, v. MARSHALL BANK, N.A., Defendant.

United States District Court, D. Minnesota.

November 29, 2005.

Attorney(s) appearing for the Case

Mark J. Johnson and David H. Gregerson, Gregerson Rosow Johnson & Nilan, Ltd., Minneapolis, MN, for plaintiff.

Matthew R. McBride, Winthrop & Weinstine, PA, Minneapolis, MN, for defendant.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

TUNHEIM, District Judge.

This is a declaratory judgment action between a bank and its insurer. The insurer, BancInsure, Inc. ("BancInsure"), seeks a declaration that Marshall Bank, N.A.'s ("Marshall Bank") loss is not covered under the Financial Institution Bond that BancInsure issued to Marshall Bank. Marshall Bank has counterclaimed for coverage.

This matter is before...

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