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HBE CORPORATION v. ARCH SPECIALTY INSURANCE COMPANY

Case No. 4:14-CV-1454-CEJ.

HBE CORPORATION, Plaintiff, v. ARCH SPECIALTY INSURANCE COMPANY, Defendant.

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

January 20, 2015.

Attorney(s) appearing for the Case

HBE Corporation, Plaintiff, represented by Michael E. Wilson , GREENSFELDER AND HEMKER, PC.

Arch Specialty Insurance Company, Defendant, represented by Matthew S. Foy , GORDON AND REES, LLP & Ryan T. Brown , GORDON AND REES, LLP.

MEMORANDUM AND ORDER

CAROL E. JACKSON, District Judge.

This matter is before the Court on defendant's motion to dismiss Count I of the complaint for failure to state a claim, pursuant to Fed. R. Civ. P. 12(b)(6), and for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1). The issues are fully briefed.

I. Background

Plaintiff HBE Corporation designs and constructs hospitals. In 2008, HBE contracted...

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