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MATTER OF HANNOVER CORP. OF AMERICA

No. 94-30558.

67 F.3d 70 (1995)

In the Matter of HANNOVER CORPORATION OF AMERICA, et al., Debtors. William G. HAYS, Jr., Receiver for Debtor-In-Possession rpi Redwood Raevine Corporation, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1995.

Attorney(s) appearing for the Case

Margaret L. Tooke, Fredrick T. Tulley, J. Ashley Moore, David J. Nessina, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for appellant.

Daniel J. Balhoff, Carey J. Guglielmo, Sr., Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, LA, for appellee.

Before JOLLY and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

BENAVIDES, Circuit Judge:

The central issue of this appeal is whether an insurance company's refusal to pay a claim on a stolen automobile was unreasonable entitling the claimant to statutory penalties and attorneys' fees under Louisiana law. Concluding that the bankruptcy court clearly erred in finding that the insurance company was reasonable in its refusal to pay the claim, we reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND...

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