RELIANCE INS. v. CAPITAL BANCSHARES/CAPITAL BANK

No. 88-1176.

912 F.2d 756 (1990)

RELIANCE INSURANCE COMPANY, Plaintiff, Counter-Defendant, Appellee, v. CAPITAL BANCSHARES, INC./CAPITAL BANK, Defendant, Counter-Plaintiff, Appellant. SUNBELT BANCORP/SUNBELT SAVINGS ASSOCIATION OF TEXAS, Defendant, Counter-Plaintiff, Appellant, v. INTERNATIONAL INSURANCE COMPANY, Counter-Defendant, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1990.


Attorney(s) appearing for the Case

William Michael Byrd, Jr., Patricia A. Nolan, Clarice M. Davis, Kathleen J. St. John, Akin, Gump, Strauss, Hauer & Feld, Dallas, Tex., for Capital Bancshares/Capital Bank.

Nina Cortell, Haynes and Boone, Dallas, Tex., for Sunbelt and Sunbelt Sav., FSB Dallas, Tex.

James A. Knox, Stephen L. Baskind, Robert M. Hoffman, Vial, Hamilton, Koch & Knox, Dallas, Tex., for Reliance Ins. Co. and International Ins. Co.

Before POLITZ, GARWOOD, and SMITH, Circuit Judges.


GARWOOD, Circuit Judge:

The relevant facts, procedural history and contentions of the parties are set out in our July 20, 1989 unpublished opinion herein — which follows as an appendix to this opinion — issued in connection with our certification of the controlling issues of law in this case to the Supreme Court of Texas. By its order of June 27, 1990, which apparently became final August 13, 1990, the Texas Supreme Court declined to accept the certification...

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