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EMPLOYERS INS. OF WAUSAU v. OCCIDENTAL PETROLEUM CORP.

No. 91-3855.

978 F.2d 1422 (1992)

EMPLOYERS INSURANCE OF WAUSAU, in its own right, and as Representative of Those Certain American Underwriters Subscribing to Certificate No. 14880, Etc., et al., Plaintiffs-Appellants, v. OCCIDENTAL PETROLEUM CORPORATION, et al., Plaintiffs-Appellees, v. AVONDALE SHIPYARDS, INC., et al., Defendants. OCCIDENTAL PETROLEUM CORPORATION, et al., Plaintiffs, v. AVONDALE SHIPYARDS, INC., et al., Defendants.

United States Court of Appeals, Fifth Circuit.

December 10, 1992.

Attorney(s) appearing for the Case

Charles E. Lugenbuhl, Nathan P. Horner, Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for Employers Ins. of Wausau, et al.

George W. Renaudin, Griggs & Harrison, Houston, Tex., Frank J. Peragine, Simon, Peragine, Smith & Redfearn, New Orleans, La., for plaintiffs-appellees.

Before VAN GRAAFEILAND, KING, and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

Plaintiff-Appellant Employers Insurance of Wausau ("Wausau"), in its own right and as representative of certain American Underwriters,1 filed a cross-claim against Plaintiff-Appellee Occidental Petroleum Corporation ("Occidental"), seeking to recover marine insurance policy proceeds paid to Occidental in 1982 under a reservation of rights. Occidental moved for summary judgment...

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