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ACE AMERICAN INS. CO. v. MICHELIN NORTH AMERICA

C.A. No. 6:06-2535-HMH.

470 F.Supp.2d 602 (2007)

ACE AMERICAN INSURANCE COMPANY, Plaintiff, v. MICHELIN NORTH AMERICA, INC., Defendant.

United States District Court, D. South Carolina, Greenville Division.

January 22, 2007.

Attorney(s) appearing for the Case

Elizabeth Schwartz Corn, Esq., Robert H. Hood, Esquire, Charleston, SC, Leslie Paul Machado, Esq., Washington, DC, for Plaintiff.

William A. Coates, Esq., Greenville, SC, for Defendant.

OPINION & ORDER

HERLONG, District Judge.

This matter is before the court on Michelin North America, Inc.'s ("MNA") motion to dismiss pursuant to Rule 12(b)(1), (6), and (7) of the Federal Rules of Civil Procedure. After review, the court grants MNA's motion to dismiss.

I. FACTUAL BACKGROUND

ACE American issued International Advantage Commercial Insurance Policy No. PHF070904 to MNA for the period 8/1/03 to 8/1/04 (hereinafter "Master...

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