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DOW CHEMICAL CO. v. ROYAL INDEM. CO.

No. 79-2314.

635 F.2d 379 (1981)

DOW CHEMICAL COMPANY, Plaintiff, v. ROYAL INDEMNITY COMPANY, Defendant-Appellee, R. B. Butler, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied March 13, 1981.

Attorney(s) appearing for the Case

John C. Hart, Robert M. Wattson, Minneapolis, Minn., for defendant-appellant.

Grambling, Mounce, Sims, Galatzan & Harris, Donald F. Hagans, II, El Paso, Tex., for defendant-appellee.

Before THORNBERRY, RANDALL, and TATE, Circuit Judges.

TATE, Circuit Judge:

Jurisdiction is based on diversity, with Texas substantive law governing. At issue is liability for a loss of some three hundred thousand dollars resulting from the collapse of a structure under construction. The present appeal arises from the dismissal of a cross-action in this suit. By it, R. B. Butler, Incorporated, sued Royal Indemnity Company to recover proceeds on an "all risks" builder's risk insurance policy issued to Butler by Royal that...

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