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WINBCO TANK CO., INC. v. PALMER & CAY OF MINN.

No. 4:04-CV-00694-CFB.

435 F.Supp.2d 945 (2006)

WINBCO TANK COMPANY, INC., Plaintiff, v. PALMER & CAY OF MINNESOTA, L.L.C., Defendant. Palmer & Cay of Minnesota, L.L.C., Third-Party Plaintiff, v. St. Paul Fire and Marine Insurance Company, Third-Party Defendant. St. Paul Fire and Marine Insurance Company, Third-Party Plaintiff, v. Verasun Energy Corporation and Affiliated FM Insurance Company, Third-Party Defendants. Verasun Energy Corporation Company, Cross-Claim Plaintiff, v. Affiliated FM Insurance Company, Cross-Claim Defendant.

United States District Court, S.D. Iowa, Central Division.

May 17, 2006.

Attorney(s) appearing for the Case

John N. Moreland, Harrison, Moreland & Webber PC, Ottumwa, IA, for Plaintiff.

F. Richard Lyford, Richard A. Malm, Dickinson Mackaman Tyler & Hagen PC, Des Moines, IA, for Defendant, Third-Party Plaintiff.

Stephen D. Hardy, Grefe & Sidney PLC, Des Moines, IA, for Third-Party Defendant, Third-Party Plaintiff.

Gregory M. Lederer, Simmons Perrine Albright & Ellwood, Cedar Rapids, IA, Matthew S. Ponzi, Michael L. Foran, Foran Glennon Palandech & Ponzi PC, Chicago, IL, for Cross-Claim Defendant.

Brent R. Appel, Wandro, Baer, Appel & Casper, PC, Des Moines, IA, for Third-Party Defendants, Cross-Claim Plaintiff.

ORDER ON MOTIONS TO DISMISS

BREMER, United States Magistrate Judge.

The Court has before it Third-Party Defendant and Cross-Claim Defendant Affiliated FM Insurance Company's Motion to Dismiss St. Paul Fire and Marine Insurance Company's Third-Party Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Clerk's No. 26), filed on January 17, 2006; and Affiliated FM's Motion to Dismiss VeraSun Energy...

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