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TRINITY INDUSTRIES v. INSURANCE CO. OF N. AMERICA

No. 89-3523.

916 F.2d 267 (1990)

TRINITY INDUSTRIES, INC., Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 2, 1990.

Attorney(s) appearing for the Case

A. Gordon Grant, Jr., Frederick E. Chemay, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, La., for defendant-appellant.

Scott R. Wheaton, Jr., Samuel F. Reynolds, Jr., Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for plaintiff-appellee.

Before WISDOM, KING, and BARKSDALE, Circuit Judges.

WISDOM, Circuit Judge:

This case arises out of faulty workmanship in the construction of a vessel, the M/V LEAM ALABAMA. The builder of the vessel, Halter Marine Inc. (Halter)1, misaligned two of the modular hull sections during construction, resulting in a seven to twelve inch twist2 in the vessel.

In this action, Halter has sued the underwriter of its Builder...

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