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THORNTON, SUMMERS, BIECHLIN v. COOK PAINT

No. 95-50026.

82 F.3d 114 (1996)

THORNTON, SUMMERS, BIECHLIN, DUNHAM & BROWN, INC., Plaintiff-Counter Defendant-Appellee, v. COOK PAINT & VARNISH, Defendant-Counter Claimant-Appellant, v. Don Dick DUNHAM, Executor of the estate of Thomas D. Dunham, Deceased, Counter Defendant-Appellee, Clemens & Spencer, Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 1996.

Attorney(s) appearing for the Case

George H. Spencer, Jr., San Antonio, TX, for plaintiff-counter defendant-appellee, counter defendant-appellee and appellee.

Leonard Thomas Rose, Michael J. Plambeck, Richard J. Haskins, Gary Vaughn Fulghum, Rose, Brouillette & Shapiro, Kansas City, MO, Judith E. Bryant, Jenkins and Gilchrist, Austin, TX, Terry Lane Scarborough, Scarborough and Weisbart, Austin, TX, for defendant-counter claimant-appellant.

Before POLITZ, Chief Judge, and HILL and DeMOSS, Circuit Judges.

HILL, Circuit Judge:

Thornton, Summers, Biechlin, Dunham & Brown, Inc. and Don Dick Dunham, Executor of the Estate of Thomas Dunham (Thornton Summers), Appellees, brought this action in the United States District Court for the Western District of Texas to recover legal fees and expenses allegedly incurred in the defense of Curran Paint & Varnish Company, f/k/a Cook Paint & Varnish Company (Cook Paint), Appellant, in the matter styled Allied Tank Services...

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