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BARREL OLD COUNTRY STORE INC. v. CINCINNATI INS.

No. 3:07-00303.

590 F.Supp.2d 970 (2008)

CRACKER BARREL OLD COUNTRY STORE, INC., Plaintiff, v. CINCINNATI INSURANCE CO., Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

August 28, 2008.

Attorney(s) appearing for the Case

William Gorman Passannante, Cort T. Malone, Anderson, Kill, New York, NY, John A. Day, Day Blair, Brentwood, TN, for Plaintiff.

Nancy Tordai, Victor C. Peters, Hanson Peters Nye, Barrington, IL, H. Rowan Leathers, Miller Martin, for Defendant.

ORDER

JOHN T. NIXON, Senior District Judge.

Pending before the Court is Defendant Cincinnati Insurance Company's Motion to Dismiss the Third Claim for Relief and Fourth Claim for Relief of the First Amended Complaint ("Defendant's Motion") (Doc. No. 35). Plaintiff Cracker Barrel Old Country Store filed a Response (Doc. No. 51) to which Defendant filed a further Reply (Doc. No. 82). For the reasons stated herein, Defendant's Motion is GRANTED...

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