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AETNA CAS. & SUR. CO. v. ISO-TEX, INC.

No. 95-20308.

75 F.3d 216 (1996)

AETNA CASUALTY & SURETY CO., Ety Co., American Nuclear, Insurers, Plaintiffs-Counter-Defendants-Appellees v. ISO-TEX, INC., Defendant-Counter Claimant-Appellant, and Dillon Insurance, Management, Inc., Intervenor Defendant-Counter Plaintiff.

United States Court of Appeals, Fifth Circuit.

February 21, 1996.

Attorney(s) appearing for the Case

Thomas William Brunner, Stephen D. Goldman, Marilyn E. Kerst, Wiley, Rein & Fielding, Washington, DC, for plaintiffs-counter defendants-appellees.

David A. Slaughter, Krist, Gunn, Weller, Neumann & Morrison, Houston, TX, for Iso-Tex, Inc.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge:

Aetna Casualty & Surety Company ("Aetna") brought this action for itself and other members of American Nuclear Insurers ("ANI") for a declaration of noncoverage under a policy issued to Iso-Tex, Inc. ("Iso-Tex"). The district court granted the declaratory relief sought and, no appeal having been taken from that decision, the declaratory judgment is final. Iso-Tex also filed a counterclaim against Aetna, asserting various state law claims...

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