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ELECTRIC INS. CO. v. NATIONWIDE MUT. INS. CO.

No. 04-3015 M1/P.

384 F.Supp.2d 1190 (2005)

ELECTRIC INSURANCE COMPANY, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, W.D. Tennessee, Western Division.

August 18, 2005.

Attorney(s) appearing for the Case

John B. Starnes, Lawrence C. Maxwell, Baker Donelson Bearman Caldwell & Berkowitz, PC, Memphis, TN, for Plaintiff.

Parks T. Chastain, Brewer Krause & Brooks, Nashville, TN, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

MCCALLA, District Judge.

Before the Court is Defendant Nationwide Mutual Insurance Company's Fed.R.Civ.P. 12(b)(6) Motion to Dismiss Complaint, filed February 11, 2005. Plaintiff filed an opposition on March 8, 2005. For the following reasons, Defendant's motion is GRANTED in part and DENIED in part.

I. BACKGROUND AND RELEVANT FACTS

The instant...

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