Triple H Debris Removal, Inc. v. Companion Property and Casualty Insurance Company

Filing 49

ORDER denying 32 Motion for Partial Summary Judgment. The case remains set for trial during the week of 8/16/10. Signed by Honorable Robert T. Dawson on July 27, 2010. (lw)

Triple H Debris Removal, Inc. v. Companion Property and Casualty Insurance Company

Doc. 49

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRIPLE H DEBRIS REMOVAL, INC. v. Case No: 07-2086 PLAINTIFF

COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY ORDER

DEFENDANT

Currently before the Court are Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability (doc. 32), Defendant's response, and Plaintiff's reply. In determining whether summary

judgment is appropriate, the Court must view the facts, and all reasonable inferences from those facts, in the light most favorable to the non-moving party. Rabushka v. Crane Co., 122 F.3d 559, 562

(8th Cir. 1997). The Court, having thoroughly reviewed each filing and accompanying fact exhibits, render has identified numerous issues of

material

that

summary

judgment

inappropriate.

Therefore, Plaintiff's motion is DENIED. This case remains set for trial during the week of August 16, 2010. IT IS SO ORDERED this 27th day of July 2010. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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