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ACE PROPERTY & CAS. INS. v. SUPERIOR BOILER WORKS

No. 05-1301-JTM.

504 F.Supp.2d 1154 (2007)

ACE PROPERTY & CASUALTY INSURANCE COMPANY, as successor to Cigna Property & Casualty Insurance Company, as successor to Aetna Insurance Company; and Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America, Plaintiffs, v. SUPERIOR BOILER WORKS, INC., Defendant.

United States District Court, D. Kansas.

August 27, 2007.

Attorney(s) appearing for the Case

Erin O'Brien, James F. Martin, Kathleen A. McQueeny, Cohn Baughman & Martin, Chicago, IL, Geron J. Bird, Scott R. Schillings, Hinkle Elkouri Law Firm, LLC, Wichita, KS, for Plaintiffs.

Douglas Y. Curran, Richard L. Green, Stinson Morrison Hecker LLP, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

MARTEN, District Judge.

The present matter arises from plaintiffs' and defendant's motions for summary judgment. For the following reasons, the court denies plaintiffs' motion for summary judgment and grants in part and denies in part defendant's motion for summary judgment.

Plaintiffs seek a declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202, in which the plaintiffs request the determination of whether (1) they...

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