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MISSION NAT. INS. CO. v. DUKE TRANSP. CO., INC.

No. 86-4138 Summary Calendar.

792 F.2d 550 (1986)

MISSION NATIONAL INSURANCE COMPANY, Plaintiff-Appellee, v. DUKE TRANSPORTATION COMPANY, INC., Defendant-Appellant. DUKE TRANSPORTATION, INC., Plaintiff-Appellant, v. MISSION NATIONAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Colleen McDaniel, Lafayette, La., for defendant-appellant.

Montgomery, Barnett, Brown, Read, Hammond & Mintz, Wood Brown, III, New Orleans, La., for plaintiff-appellee.

Before GEE, REAVLEY, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

In this Louisiana diversity case, Duke Transportation Company (Duke) appeals from the district court's grant of a motion for summary judgment in favor of Mission National Insurance Company (Mission). The district court held that Mission, an excess insurance carrier, was not required to provide primary coverage to or to defend its insured, Duke, after the primary insurance carrier, Northwest Insurance Company (Northwest), became insolvent...

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