NATIONAL UNION FIRE INS. CO. OF PITTSBURGH. v. SMALL SMILES HOLDING CO. LLC.

Case No. 3:10-00743.

781 F.Supp.2d 597 (2011)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff, v. SMALL SMILES HOLDING CO., LLC, Defendant.

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

February 14, 2011.


Attorney(s) appearing for the Case

Gilbert L. Lee, Jessika J. Moon, Lawrence J. Klein, Scott D. Greenspan, Sedgwick, Detert, Moran & Arnold, LLP, New York, NY, John C. Speer, Bass, Berry & Sims, Memphis, TN, Michael J. Hale, W. Brantley Phillips, Jr., Bass, Berry & Sims, Nashville, TN, for Plaintiff.

Emily B. Warth, John M. Tipps, Robert Jackson Walker, Walker, Tipps & Malone, Nashville, TN, for Defendant.


MEMORANDUM

TODD J. CAMPBELL, District Judge.

In this declaratory judgment action under 28 U.S.C. § 2201, Plaintiff National Union Fire Insurance Company of Pittsburgh, Pa. ("National Union") has filed a "Motion to Dismiss" Defendant Small Smiles Holding Co., LLC's ("SSHC's") Counterclaim (Docket No. 31). That Motion has been fully briefed by the parties. (Docket Nos. 32, 44 & 50). The Motion to Dismiss is granted with respect to Count II...

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