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STELLAR J CORPORATION v. SMITH & LOVELESS, INC.

Civil No. 09-353-JE.

STELLAR J CORPORATION, a Texas corporation, Plaintiff, v. SMITH & LOVELESS, INC., a Kansas corporation, Defendant. CITY OF RANIER, for the use and benefit of SMITH & LOVELESS, INC., and SMITH & LOVELESS, INC., a Kansas corporation, Counterclaimants, v. STELLAR J CORPORATION, a Texas corporation, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, an insurance company, Counterdefendants.

United States District Court, D. Oregon.

August 4, 2010.

Attorney(s) appearing for the Case

Albert F. Schlotfeldt, Duggan, Schlotfeldt & Welch, PLLC, Vancouver, WA, Attorney for Plaintiff Stellar J Corporation.

Guy A. Randles, Sean C. Gay, Stoel Rives LLP, Portland, OR, Dan S. Sanders (admitted pro hac vice), Monaco, Sanders Gotfredson, Racine & Barber, L.C., Kansas City, MO, Attorneys for Defendant Smith & Loveless, Inc.

FINDINGS AND RECOMMENDATION

JOHN JELDERKS, Magistrate Judge.

Plaintiff Stellar J Corporation (Stellar J) brings this action against defendant Smith & Loveless, Inc. (Smith). Smith asserts counterclaims, and asserts third-party claims against Travelers Casualty and Surety Company of America (Travelers).

Defendant Smith moves for summary judgment on all of plaintiff Stellar J's claims. The motion should be granted in part and denied in part as...

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