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HARTFORD ACC. AND INDEM. v. DOE RUN RESOURCES

No. 4:08-CV-1687 CAS.

663 F.Supp.2d 771 (2009)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, et al., Plaintiffs, v. The DOE RUN RESOURCES CORPORATION, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

October 2, 2009.

Attorney(s) appearing for the Case

James P. Ruggeri, Joshua D. Weinberg, Hogan & Hartson LLP, Washington, DC, Michael L. Young, Theodore J. Mac-Donald, Jr., St. Louis, MO, for Plaintiffs.

Gwendolyn M. Toczko, Marc D. Halpern, Abelson/Herron, LLP, San Diego, CA, Heather L. Mayer, Leslie A. Pereira, Abelson/Herron, LLP, Jolynn Marie Pollard, Randolph P. Sinnott, Sinnott and Dito, Los Angeles, CA, Russell F. Watters, Patrick A. Bousquet, Timothy J. Wolf, Brown and James, P.C., St. Louis, MO, for Defendants.

MEMORANDUM AND ORDER

CHARLES A. SHAW, District Judge.

This matter is before the Court on defendant The Doe Run Resources Corporation's ("Doe Run") Motion to Dismiss Count Three in Hartford's Complaint re: BNSF For Lack of Subject Matter Jurisdiction, based on lack of ripeness. Plaintiffs Hartford Accident and Indemnity Company and First State Insurance Company (collectively "Hartford") oppose the motion to dismiss, and it is fully briefed....

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