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CONSTITUTION STATE INS. CO. v. ISO-TEX INC.

No. 94-20574.

61 F.3d 405 (1995)

The CONSTITUTION STATE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. ISO-TEX INC., Iso-Tex Diagnostics, Inc., Bio-Tex Laboratories, Inc., Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 1995.

Attorney(s) appearing for the Case

David A. Slaughter, Krist, Gunn, Weller, Neumann & Morrison, Houston, TX, for appellants.

Martin D. Minsker, James E. Rocap, III and Kirsten D. Levingston, Miller, Cassidy, Larroca & Lewin, Washington, DC, James K. Peden, III and J. Wiley George, Dallas, TX, for amicus curiae: Insurance Environmental.

Joseph R. Ballard, Asst. Atty. Gen., Louisiana Dept. of Justice, Baton Rouge, LA, for amicus curiae: Aetna.

Before JONES and PARKER, Circuit Judges, and KAZEN, District Judge.

EDITH H. JONES, Circuit Judge:

In this insurance coverage dispute, the district court granted summary judgment for Constitution State Insurance Co., denying coverage to the insureds, Iso-Tex, Inc., Iso-Tex Diagnostics, Inc., and Bio-Tex Laboratories, Inc. (hereinafter, "Iso-Tex") for liability to individuals injured by nuclear waste stored at Iso-Tex's facilities. With the case submitted in part on an Agreed Stipulation of Facts, the district court relied upon an...

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