AMERICAN STATES INS. CO. v. NETHERY

No. 95-60175.

79 F.3d 473 (1996)

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellant, v. Mary Jane NETHERY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 9, 1996.


Attorney(s) appearing for the Case

Dennis F. Cantrell, Robert G. Mork, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, Mark Christian Carlson, McCoy, Wilkins, Stephens & Tipton, Jackson, MS, for plaintiff-appellant.

Stephen Holace Morris, Mitchell, Voge, Beasley & Corban, Tupelo, MS, for Nethery.

George E. Dent, Soper, Dent and Logan, Tupelo, MS, for DAPA, Inc., Miles and Servicemaster Co.

Oscar Clark Carr, III, William R. Bradley, Jr., Glankler Brown, Memphis, TN, for Servicemaster Company, Limited Partnership, defendant-appellee.

Frank Jay Winston, Jr., Walter J. Andrews, Elizabeth A. Eastwood, Wiley, Rein & Fielding, Washington, DC, for United States Fidelity and Guaranty Company amicus curiae.

Before POLITZ, Chief Judge, and JONES and BENAVIDES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

American States Insurance Company ("American States") filed suit seeking a declaration of rights under its policy relating to claims brought against its insureds, painting and repair contractors and a franchisor, by customer Mary Jane Nethery ("Nethery"). The district court granted partial judgment as a matter of law to the insureds, and American States appeals. We hold that Nethery's claim that her hypersensitivity to chemicals was...

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