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FACTORY MUTUAL INSURANCE COMPANY v. DISCOUNT WASTE SERVICES, LLC

No. CV-13-00837-PHX-NVW.

Factory Mutual Insurance Company, Plaintiff, v. Discount Waste Services, LLC; Muebleria Del Sol, Inc., Defendants.

United States District Court, D. Arizona.

August 2, 2013.

Attorney(s) appearing for the Case

Factory Mutual Insurance Company, Plaintiff, represented by Jeffrey Neal Gesell , Jones Turner LLP, Richard K Mahrle , Gammage & Burnham PLC & Steven Donald Turner , Jones Turner LLP.

Discount Waste Services LLC, Defendant, represented by Amanda Elizabeth Nelson , Elardo Bragg Appel & Rossi PC & John Albert Elardo , Elardo Bragg Appel & Rossi PC.

Muebleria Del Sol Incorporated, Defendant, represented by John W Storer, III , Swenson Storer Andrews & Frazelle PC.

ORDER

NEIL V. WAKE, District Judge.

Before the Court are Defendant Discount Waste Services, LLC's Motion to Dismiss Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted ("Motion") (Doc. 22), the Response, and the Reply. Defendant's Motion will be denied.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Factory Mutual Insurance Company ("Plaintiff") alleges as follows in its First Amendment Complaint for Damages...

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