HANS CONST. CO. v. PHOENIX ASSUR. CO. OF NEW YORK

No. 92-7446 Summary Calendar.

995 F.2d 53 (1993)

HANS CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 3, 1993.


Attorney(s) appearing for the Case

Margaret P. Ellis, C.R. McRae, Kitchens & Ellis, Pascagoula, MS, Malcolm Murphy, Lucedale, MS, for plaintiff-appellant.

Thomas W. Page, Wes W. Peters Jackson, MS, for defendant-appellee.

Before POLITZ, Chief Judge, DAVIS and JONES, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 3, 1993.

POLITZ, Chief Judge:

Hans Construction Company, Inc. appeals an adverse summary judgment. Finding no error, we affirm.

Background

On June 17, 1987 a crane owned by Hans Construction Co. was damaged in the process of dismantling an asphalt plant. Hans' equipment, including the crane, was covered under an Inland Marine Transit Floater Policy issued by Phoenix Assurance Company of...

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