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PENNSYLVANIA NAT. v. KITTY HAWK AIRWAYS

No. 91-1123.

964 F.2d 478 (1992)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CO., Plaintiff-Appellant, Cross-Appellee, v. KITTY HAWK AIRWAYS, INC., and Jeffrey Thomason Pollard, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 3, 1992.

Attorney(s) appearing for the Case

Brent Cooper, Michael W. Huddleston, and Scott Whisler, Cowles and Thompson, Dallas, Tex., for plaintiff-appellant, cross-appellee.

Ralph C. Jones and B. Scott Kruka, Carter Jones Magee Rudberg & Mayes, Dallas, Tex., for Jeffrey T. Pollard.

Arthur K. Smith and Mark Alan Calhoun, Calhoun Gump Spillman & Stacy, Dallas, Tex., for Kitty Hawk Airways, Inc.

Before DAVIS, JONES, and EMILIO M. GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 3, 1992.

PER CURIAM:

Insurer Pennsylvania National Mutual Casualty Insurance Co. ("Pennsylvania National") appeals a grant of summary judgment in favor of its insured — Kitty Hawk Airways, Inc. ("Kitty Hawk") — and Kitty Hawk's former employee, Jeffrey Thomason Pollard. The district court granted Kitty Hawk's motion for summary judgment on the grounds that Pennsylvania National is estopped from raising...

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