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WESTERN HERITAGE INS. CO. v. RIVER ENTERTAINMENT

No. 92-7682.

998 F.2d 311 (1993)

WESTERN HERITAGE INSURANCE CO., Plaintiff-Appellant/Cross-Appellee, v. RIVER ENTERTAINMENT d/b/a Pepe's on the River, Raul Rodriguez and Luz Marie Rodriguez, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 1993.

Attorney(s) appearing for the Case

H. Lee Lewis Jr., Griggs & Harrison, Houston, TX, for appellant.

David Eric Wood, Ronald B. Layer, Layer, Rodriguez & Assoc., McAllen, TX, for River Entertainment.

David Casso, Flores, Casso & Romero, McAllen, TX, for Paul Rodriguez and Luz Maria.

Before REAVLEY, DUHÉ, and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

This is an appeal from a declaratory judgment action filed by Western Heritage Insurance Company ("Western Heritage"), to determine what obligations it owed its insured, River Entertainment d/b/a Pepe's on the River ("River Entertainment"). The district court concluded that the insurer had no duty to defend its insured in a state court suit filed by Raul and Luz Marie Rodriguez ("Rodriguez'"). We agree. However, we now modify the district...

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