HOME INS. CO. v. TOWNSEND

No. 93-5635 Summary Calendar.

22 F.3d 91 (1994)

HOME INSURANCE COMPANY, Plaintiff-Appellant, v. David F. TOWNSEND, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 27, 1994.


Attorney(s) appearing for the Case

Nancy C. Marshall, Deutsch, Kerrigan & Stiles, New Orleans, for appellant.

David F. Townsend, pro se.

Before GARWOOD, SMITH, and DeMOSS, Circuit Judges.


PER CURIAM:

The plaintiff, Home Insurance Company ("Home"), filed this action on the basis of diversity of citizenship, seeking rescission of professional liability policies on the ground that the defendant, attorney David Townsend, had made misrepresentations in his application. The company moved for summary judgment. The district court construed the suit as one for declaratory judgment, denied summary judgment, and exercised its perceived discretion to deny declaratory...

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