Bank IV Salina, N.A. v. Aetna Casualty & Surety Co.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action brought by plaintiff Bank IV Salina, as conservator for the Estate of Michael Ray Russ, a minor, for breach of a settlement agreement and misrepresentation. The defendant is The Aetna Casualty & Surety Company. This matter is presently before the court upon Aetna’s motion to dismiss or, in the alternative, for summary judgment.

In the instant motion, defendant essentially argues that plaintiff has failed to state claims upon which relief can be granted. In doing so, the defendant has relied upon matters outside the…