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Robert W. Leslie and Laura D. Leslie v. W.H. Transportation Co., Inc., et al.

Case Number: 
3:03-cv-02142

Order

There are several related motions before the Court.  Plaintiffs’ motion (doc. no. 33) to reconsider the December 11, 2003 Order is GRANTED, and the Order (doc. no. 31) is retracted with respect to the Court’s interpretation of the Exhaustion Clause.  The Court has considered the issues anew with the benefit of motions for partial summary judgment and supporting memoranda.  After considering the motions and responses, as well as oral argument presented to the Court on January 28, 2004, the Court DENIES the motion by Defendant State Auto Property & Casualty Insurance Company (State Auto) (doc. no. 51), and GRANTS partial summary judgment in favor of Plaintiffs, Robert and Laura Leslie (doc. no. 54).  The Court therefore finds in Plaintiffs’ favor on the counterclaim.  Finally, State Auto’s Motion for Judgment on the Pleadings (doc. no. 39) is DENIED.

Date: 
Wednesday, June 16, 2004