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BIRMINGHAM FIRE INS. v. WINEGARDNER AND HAMMONS

No. 83-2093 Summary Calendar.

714 F.2d 548 (1983)

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Plaintiff-Appellee, v. WINEGARDNER AND HAMMONS, INC., Tex-Ken, Inc., John Q. Hammons, et al., Defendant-Counter Plaintiffs-Appellants, v. TEXAS CATASTROPHE PROPERTY INSURANCE, Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1983.

Attorney(s) appearing for the Case

Kleberg, Dyer, Redford & Weil, J. Michael Mahaffey, Daniel D. Pipitone, Corpus Christi, Tex., for defendant-counter plaintiffs-appellants.

Thompson, Coe, Cousins & Irons, Craig Alan Eggleston, Dallas, Tex., for Birmingham Fire.

Clark, Thomas, Winters & Shapiro, David C. Duggins, Austin, Tex., for Tex. Catastrophe.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Hurricane Allen struck Corpus Christi, Texas, on 9 August 1980. It did over two million dollars worth of damage to the Holiday Inn-Emerald Beach Hotel, a hotel owned by the appellants in this action.1 The hotel is covered by two different insurance policies, both of which were in force when the hurricane struck. One policy was issued by the Birmingham Fire Insurance...

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