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MULBERRY SQUARE PROD. v. STATE FARM FIRE AND CAS.

No. 95-60679.

101 F.3d 414 (1996)

MULBERRY SQUARE PRODUCTIONS, INCORPORATED, a Mississippi Corporation, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Does 1 through 100, Inclusive, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1996.

Attorney(s) appearing for the Case

Andrew N. Alexander, III, Shawn N. Sullivan, Lake, Tindall & Thackston, Greenville, MS, George E. Hedges, Hedges & Caldwell, Los Angeles, CA, for plaintiff-appellant.

Harry R. Allen, Elizabeth Colette Towles, Allen, Vaughn, Cobb & Hood, Gulfport, MS, for defendant-appellee.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

STEWART, Circuit Judge:

This case arises out of a movie deal gone bad. At the center of the controversy is the lovable star canine character we all know as Benji®. But this case is not about Benji® himself. Rather, we must decide whether State Farm Fire and Casualty Company (State Farm) had a duty to defend the owner of the intellectual property rights in Benji® for alleged wrongful conduct. The district court granted State Farm's motion for summary...

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