OPINION
HENDLEY, Judge.
El Paso Natural Gas (El Paso) filed a six count complaint seeking damages and declaratory relief against defendants Kysar Insurance Company and Raymond Kysar (Kysar) based on alternative claims sounding in rescission, reformation, breach of fiduciary duty, and breach of contract. Kysar counter-claimed alleging a breach of the covenant of quiet enjoyment. El Paso filed a motion to dismiss the counter-claim, which was treated as a motion...
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