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TYSON FOODS, INC. v. ROUTH ENTERPRISES, INC.

Case No. CIV-14-279-RAW.

TYSON FOODS, INC., Plaintiff, v. ROUTH ENTERPRISES, INC., and EMCASCO INSURANCE COMPANY, Defendants.

United States District Court, E.D. Oklahoma.

February 3, 2015.

Attorney(s) appearing for the Case

Tyson Foods, Inc., A Foreign Corporation, Plaintiff, represented by A. Scott McDaniel , McDaniel Acord, PLLC, Miranda R. Russell , McDaniel Acord, PLLC & Stacy L. Acord , McDaniel Acord, PLLC.

Routh Enterprises, Inc., An Oklahoma Corporation, Defendant, represented by George Gibbs , Gibbs Armstrong Borochoff Mullican & Hart, George R. Mullican , Gibbs Armstrong Borochoff Mullican & Hart, Jamie A. Rogers , Gibbs Armstrong Borochoff Mullican & Hart & Mark E. Fields , Steidley & Neal.

EMCASCO Insurance Company, A Foreign Corporation, Defendant, represented by Jessica N. Battson , Richards & Connor, Phil R. Richards , Richards & Connor & Randy Lewin , Richards & Connor.

ORDER

RONALD A. WHITE, District Judge.

Before the court is the motion of the defendant Emcasco Insurance Company ("EMC") to dismiss. As the court reads plaintiff's complaint, it lists four causes of action, two solely against movant, one solely against defendant Routh Enterprises, Inc., and one (Count III) arguably against both defendants. The claims against EMC involve breach of contract and bad faith. To survive a motion to dismiss...

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