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EAGLEPITCHER MGMT. CO. v. ZURICH AMERICAN INS. CO.

No. CV 04-870-PHX-MHM.

640 F.Supp.2d 1109 (2009)

EAGLEPITCHER MANAGEMENT COMPANY, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant.

United States District Court, D. Arizona.

July 30, 2009.

Attorney(s) appearing for the Case

Christopher Alan Lavoy, Lavoy & Chernoff PC, Phoenix, AZ, James M. Flaherty, Jr., Martin C. Pentz, Foley Hoag LLP, Boston, MA, for Plaintiff.

Jacob C. Cohn, Cozen Oconnor, Philadelphia, PA, John Anthony Klecan, Renaud Cook Drury Mesaros PA, Phoenix, AZ, Kevin Mark Mattessich, Cozen Oconnor, New York, NY, for Defendant.

ORDER

MARY H. MURGUIA, District Judge.

Currently before the Court is Plaintiff's Motion for Partial Summary Judgment (Dkt. # 140) and Defendant's Motion for Summary Judgment (Dkt. # 147). After reviewing both motions and accompanying papers, the Court finds oral argument unnecessary and issues the following Order.

I. Factual Background

EaglePitcher, Incorporated, ("EPI") sustained heavy losses as a result of a long term embezzlement scheme...

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