Nationwide Mutual Fire Insurance Company v. James et al
MEMORANDUM OPINION AND ORDER: For reasons discussed, and because issues of material fact remain, IT IS HEREBY ORDERED that both parties' motions for summary judgment Rs. 87 , 89 are DENIED to the extent they seek a declaratory judgment. Nationwides motion, R. 87 however, is GRANTED to the extent it requests summary judgment on the issue of reimbursement for biological cleanup expenses under the liability policy. Accordingly, the Dfts' counterclaim for reimbursement of cleanup expenses up to $5,000 is DISMISSED. Signed by Magistrate Judge Edward B Atkins on 02/03/2011. (RCC)cc: COR
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