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AMERICAN HOME ASSUR. CO. v. UNITED SPACE ALLIANCE

No. 03-20241.

378 F.3d 482 (2004)

AMERICAN HOME ASSURANCE COMPANY, et al., Plaintiffs, American Home Assurance Company, Plaintiff-Counter Defendant-Appellant, v. UNITED SPACE ALLIANCE, LLC, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 2004.

Attorney(s) appearing for the Case

Thomas C. Wright (argued), Harvey Grannis Brown, Jr., Lucy Haroutunian, Wright & Brown, Houston, TX, David John Kennedy Metzler, Benjamin Love, Cowles & Thompson, Dallas, TX, for American Home Assur. Co.

Curtis D. Porterfield (argued), Stephen V. Masterson, Howrey, Simon, Arnold & White, Los Angeles, CA, for United Space Alliance LLC.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Appellant-Plaintiff-Counter Defendant, American Home Assurance Company ("AHAC"), appeals the district court's denial of its motion for summary judgment which sought a declaratory judgment. Specifically, AHAC contends that it does not have a duty to defend Appellee-Defendant Counter Claimant, United Space Alliance, LLC ("United Space") under the terms of a general liability insurance policy (the "Policy") against a third-party lawsuit...

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