St. Paul Fire and Marine Insurance Company v. Town of Gurley, Alabama et al
| St. Paul Fire and Marine Insurance Company |
| Vulcan Materials Company, Vulcan Construction Materials, L.P., M&N Materials, Inc., Vulcan Lands, Inc., Town of Gurley, Alabama and Stan Simpson |
| 5:2011cv04356 |
| December 29, 2011 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| Madison |
| C Lynwood Smith |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
31
MEMORANDUM OPINION AND ORDER that this court holds that the issue of whether St.Paul has a duty to defend the Town is ripe for adjudication, while the issue of whether St. Paul has a duty to indemnify the Town is not; thus, as to the duty to defend, the MOTION by M&N to dismiss the case is DENIED; MOTION by M&N to stay the case is DENIED; and the JOINT MOTION of the Town and Simpson to stay the case is DENIED; as to the duty to indemnify, M&Ns MOTION to stay the resolution of that question is GRANTED, the alternative MOTION by M&N to dismiss the case is DENIED AS MOOT, and JOINT MOTION of the Town andSimpson to stay is GRANTED; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 8/22/2012. (AHI)
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