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COMMERCIAL UNION INS. CO. v. ROBERTS

No. 92-8582.

7 F.3d 86 (1993)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellee, v. Dr. Stephen M. ROBERTS, Patrick Zahasky and Ann Zahasky, Individually, and as parents and next Friends of Heidi Zahasky and Kelly Zahasky, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 21, 1993.

Attorney(s) appearing for the Case

Jack W. London, Law Office of Jack London & Assoc., Austin, TX, for defendants-appellants Zahaskys.

Richard E. Tulk, Tulk & Deadrick, Austin, TX, for defendant-appellant Roberts.

Russell J. Bowman, Russell W. Schell, Schell, Nicholas, Thompson, Beene & Vaughan, L.L.P., Dallas, TX, for plaintiff-appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and DAVIDSON, District Judge.

DAVIDSON, District Judge:

The defendants appeal the district court's grant of summary judgment in favor of Commercial Union Insurance Company ("Commercial Union"). Commercial Union filed a complaint for declaratory relief seeking a determination that it had no duty to defend or indemnify Dr. Stephen Roberts against claims for damages caused by Roberts' sexual touching of two young girls, Heidi and Kelly Zahasky. In granting summary judgment, the district court held...

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