Ash Grove Cement Co. v. Employers Ins. of Wausau

530 F. Supp. 2d 1199, 2008 U.S. Dist. LEXIS 3386, 2008 WL 151239
District Court, D. Kansas·Decided January 15, 2008·No. 05-2339-JWL·Published·Cited by 1 cases

Opinion

*1200 ORDER VACATING IN PART MEMORANDUM AND ORDER OF OCTOBER 3, 2007

JOHN W. LUNGSTRUM, District Judge.

The Court’s Memorandum and Order of October 3, 2007 (Doc. # 189), Ash Grove Cement Co. v. Employers Insurance of Wausau, 513 F.Supp.2d 1200 (D.Kan.2007), is hereby vacated in part. Specifically, the Court vacates that portion of the third paragraph of Part IV of the Memorandum and Order in which the Court discussed and applied the concurrent cause doctrine, see id., slip. op. at 8-9, 513 F.Supp.2d at 1205-06, in light of the Court’s application of an efficient proximate cause standard in jury instructions in this case. The denial of Wausau’s motion for summary judgment in Part IV of the Memorandum and Order remains unchanged.

IT IS SO ORDERED.

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Ash Grove Cement Co. v. Employers Ins. of Wausau, 530 F. Supp. 2d 1199, 2008 U.S. Dist. LEXIS 3386, 2008 WL 151239 (D. Kan. 2008).

530 F. Supp. 2d 1199 (Ash Grove Cement Co. v. Employers Ins. of Wausau) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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