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DAILY v. FEDERAL INSURANCE CO.

October 24, 2005.

GREGORY S. DAILY, Plaintiff,
v.
FEDERAL INSURANCE CO., et al., Defendants. AND RELATED CROSS-ACTION.



The opinion of the court was delivered by: PHYLLIS HAMILTON, District Judge

STIPULATION AND ORDER OF DISMISSAL

IT IS HEREBY STIPULATED by and between the parties to this action, through their designated counsel, that the above-captioned action be, and hereby is, dismissed with prejudice, with respect to all claims for Defense Costs,*fn1 and for conduct of Defendants Federal Insurance Company ("Federal") and Royal Indemnity Company, as successor in interest to Royal Insurance Company of America ("Royal"), up to and including September 6, 2005, pursuant to FRCP 41(a)(1);

  IT IS HEREBY STIPULATED that with respect to all other claims, including the Counterclaim filed by Federal against Gregory S. Daily ("Daily"), the above-captioned action be, and hereby is, dismissed without prejudice;

  IT IS HEREBY STIPULATED that each party will bear its own costs with respect to this action.

  PURSUANT TO STIPULATION, IT IS SO ORDERED.

20051024

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