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PERFORMANCE AUTOPLEX II LTD. v. MID-CONTINENT CAS.

No. 01-51135.

322 F.3d 847 (2003)

PERFORMANCE AUTOPLEX II LTD.; Performance Ford LP, Plaintiffs-Appellants, v. MID-CONTINENT CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 18, 2003.

Attorney(s) appearing for the Case

Barry Clarke Snell, David Snell (argued), Bayne, Snell & Krause, San Antonio, TX, for Plaintiffs-Appellants.

Brian Lynn Blakeley (argued), Carrie Elizabeth Davis, Blakeley & Reynolds, San Antonio, TX, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Plaintiffs-Appellants Performance Autoplex II Ltd. and Performance Ford, L.P. filed suit against Defendant-Appellee Mid-Continent Casualty Company, alleging that Mid-Continent improperly refused to pay for employee dishonesty losses covered by one of its insurance policies. The district court granted summary judgment in favor of Mid-Continent on all claims and Performance Autoplex and Performance Ford appeal. We affirm in part, reverse in part, and remand...

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