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Sayer Brothers, Inc. v. St. Paul Fire & Marine

Case Number: 
2:00-cv-00077

Memorandum Opinion and Order

Pending are motions ( 1) by Plaintiff Sayer Brothers, Inc. (Sayer Brothers) for partial summary judgment on Count 1 (Sayer Brothers' thirty-five million dollar claim for breach of contract) and on Defendant St. Paul Fire & Marine Insurance Company's (St. Paul) counterclaim for declaratory judgment on the same issue; (2) by St. Paul for summary judgment denying Sayer Brothers' claim and finding St. Paul not liable for bad faith on its determination not to pay thirty-five million dollars to Sayer Brothers on the claim; (3) by Sayer Brothers for partial summary judgment as to liability alone on Counts 2 and 3 (breach of duty of good faith and fair dealing and unfair claims settlement practices); (4) by Third-Party (interpleader) Defendant Ames Department Stores, Inc. (Ames) for partial summary judgment (a) on its claims for compensation from St. Paul and (b) on request for release from its lease with Sayer Brothers on grounds of impossibility; and (5) by Sayer Brothers to dismiss Count II of Ames' Supplemental and Amended Cross-Claims.

Date: 
Friday, July 20, 2001