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COLUMBIA MUT. INS. CO. v. FIESTA MART, INC.

No. 91-6152.

987 F.2d 1124 (1993)

COLUMBIA MUTUAL INSURANCE COMPANY, formerly known as Columbia Mutual Casualty Insurance Company, Plaintiff-Appellant, v. FIESTA MART, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 26, 1993.

Attorney(s) appearing for the Case

P. Michael Jung, John H. Marks, Jr., Bruce A. Griggs, Strasburger & Price, Dallas, TX, W. James Kronzer, Houston, TX, for plaintiff-appellant.

Luther H. Soules, III, Vincent Lee Marable, III, Soules & Wallace, San Antonio, TX, for defendant-appellee.

Before WILLIAMS, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 26, 1993.

BARKSDALE, Circuit Judge:

Columbia Mutual Insurance Company appeals the summary judgment awarded its insured, Fiesta Mart, Inc., in Columbia's declaratory judgment action on its liability (coverage) for a state court judgment against Fiesta. Because the state court findings in issue — incorporating coverage terms from the Columbia policy — were not essential to the state court judgment, and...

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