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BEAUMONT RICE MILL v. MID-AMERICAN INDEM. INS.

No. 91-4147.

948 F.2d 950 (1991)

BEAUMONT RICE MILL, INC., Plaintiff-Appellee, v. MID-AMERICAN INDEMNITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1992.

Attorney(s) appearing for the Case

Joseph W. Spence, Jerry K. Sawyer, Gandy, Michener, Swindle, Whitaker & Pratt, Fort Worth, Tex., for defendant-appellant.

Jo Ben Whittenburg, Gilbert I. Low, Orgain, Bell & Tucker, Beaumont, Tex., for plaintiff-appellee.

Before GOLDBERG, SMITH, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Defendant/Appellant Mid-American Indemnity Insurance Company issued an excess general liability policy to its insured, Appellee Beaumont Rice Mill, Inc. Beaumont Rice was originally sued by Joseph Henderson, who was injured when a sack of rice fell on him during the course of his employment with Lake Charles Stevedores. Beaumont Rice third-partied Mid-American, seeking declaratory relief as to the policy interpretation and damages for bad...

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