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J & J Pumps, Inc., A California Corporation v. Star Insurance Company

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 27, 2011

J & J PUMPS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
STAR INSURANCE COMPANY, A MICHIGAN CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

ORDER RE: MOTION TO DISMISS

Defendant Star Insurance Company has moved to dismiss plaintiff's complaint in this action for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Because the motion raises issues of contract interpretation and neither side has provided the court with the full policies at issue, the court effectively interpret their terms.

IT IS THEREFORE ORDERED that defendant Star Insurance Company's motion to dismiss be, and the same hereby is, DENIED without prejudice.

20110427

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