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FIREMAN'S FUND INS. CO. v. MURCHISON

No. 90-1717.

937 F.2d 204 (1991)

FIREMAN'S FUND INSURANCE COMPANY and The American Insurance Company, Plaintiffs-Appellees, v. Clint W. MURCHISON, III and Clint W. Murchison, Jr. as Trustees for Clint Murchison, III Administrative Trust; Clint W. Murchison, Jr. and Robert Murchison as Trustees for Robert Murchison Administrative Trust; Clint W. Murchison, Jr. and Burk Murchison as Trustees for Burk Murchison Administrative Trust; Clint W. Murchison, III and Clint W. Murchison, Jr. as Trustees for Coke Ann Sanders Administrative Trust; Pacific Construction Co., Ltd.; and Waitec Development, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 2, 1991.

Attorney(s) appearing for the Case

Bobby M. Rubarts, Robert H. Mow, Jr., Hughes & Luce, Dallas, Tex., for trustee defendants.

G. Leroy Street, Geary, Stahl & Spencer, Dallas, Tex., for Pacific Const. Co. and Waitec Development.

Michael D. Farris, James A. Knox, Vial, Hamilton, Koch & Knox, Dallas, Tex., for plaintiffs-appellees.

Before GARZA, POLITZ and JONES, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Fireman's sued the Trusts, Pacific and Waitec for losses which allegedly are covered by a General Indemnity Agreement. The district judge, finding the indemnity agreement to be unambiguous, entered summary judgment in favor of Fireman's. Because the agreement is ambiguous, however, we REVERSE and REMAND the case for a jury trial. Finding no special relationship in this case we AFFIRM the district judge on his 12(b)(6) dismissal of...

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