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American Family Mutual Insurance Co. v. Graham

United States District Court, Eighth Circuit

October 15, 2013

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, AMERICAN FAMILY LIFE INSURANCE COMPANY, and AMERICAN STANDARD INSURANCE COMPANY, Wisconsin corporations, Plaintiffs,
v.
STEVEN G. GRAHAM, a Minnesota resident, and STEVEN GRAHAM AGENCY, INC. a Minnesota corporation, Defendants and Counterclaimants.

Martin S. Chester, Justin P. Krypel, and Colton D. Long, Faegre Baker Daniels LLP, Counsel for Plaintiffs.

Geoffrey P. Jarpe, Maslon Edelman Borman & Brand LLP, Counsel for Defendants and Counterclaimants.

ORDER

MICHAEL J. DAVIS, Chief District Judge.

On October 10, 2013, the parties raised the issue of whether the liquidated damages provision involved in this litigation is enforceable. Based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:

1. The Court will hold a hearing on the limited issue of enforceability of the liquidated damages provision after Plaintiffs have called their last witness, but before Plaintiffs rest.
2. The Court will decide the issue of enforceability after considering evidence presented at the hearing and will issue a ruling forthwith.

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