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TERRA INTERN. v. COMMMONWEALTH LLOYD'S

No. 05-90-01454-CV.

829 S.W.2d 270 (1992)

TERRA INTERNATIONAL, INC., et al., Appellants, v. COMMONWEALTH LLOYD'S INSURANCE COMPANY, et al., Appellees.

Court of Appeals of Texas, Dallas.

Dissenting Opinion November 14, 1991.

Rehearing Denied May 11, 1992.

Attorney(s) appearing for the Case

Joe Bailey Hyden, Dallas, for appellants.

Kevin J. Cook, James D. Stanton, Dallas, for appellees.

Before KINKEADE, EVANSand ASHWORTH, JJ.

Dissenting Opinion of Justice Kinkeade November 14, 1991.

OPINION

EVANS, Justice.

On the Court's own motion, the opinion of November 14, 1991, is withdrawn. The following is now the opinion of the Court. The dissenting opinion remains unchanged.

The controlling issue in this case is whether appellees, Commonwealth Lloyd's Insurance Co. and United States Fire Insurance Co. (Insurers), had a duty to defend the appellants, Terra International...

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