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Liberty Northwest Insurance Corp. v. Marquardt10/30/2003
aimant's condition changes or she is retrained.
II.
As to the claimant's summary judgment motion regarding disability status and an impairment award, those issues were not raised in either the petition or the response. Thus, they are outside the pleadings of the case and will not be considered.
ORDER
All motions for summary judgment are denied. The only issue framed by the pleadings is the question of Liberty's right to a further IME. The Court will hold an evidentiary trial regarding that issue. A new scheduling order shall issue setting a new trial date and fixing pretrial deadlines.
Mr. Larry W. Jones
Mr. Robert C. Kelleher
Submitted: September 12, 2003
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