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TOOPS v. GULF COAST MARINE INC.

No. 95-40017.

72 F.3d 483 (1996)

Richard TOOPS; Eloisa Toops, individually and as surviving parents of Jeremy Brian Toops, deceased; Larry D. Hurst, as administrator of the estate of Jeremy Brian Toops, deceased; Thomas William Holm, Plaintiffs-Appellees, v. GULF COAST MARINE INC.; Stonewall Surplus Lines Insurance Company; Technical Risks, Inc.; Technical Risks Corporate Insurance, Defendants, and United States Fidelity and Guaranty Company, Defendant-Appellant. UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellant, v. Richard TOOPS, Individually and a/n/f of Jeremy Brian Toops; Eloisa Toops, Individually and a/n/f of Jeremy Brian Toops; Larry D. Hurst, Administrator of the Estate of Jeremy Brian Toops, Deceased; Thomas Holm, Individually and as assignees of Rig Runner Express Inc.; Rig Runner Express Inc.; Eric Allen Davidson, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1996.

Attorney(s) appearing for the Case

Otto D. Hewitt, III, Alvin, TX, for appellees.

Parker C. Folse, III, Seattle, WA, Gregory Scott Coleman, Scott D. Lassetter, Weil, Gotshal and Manges, Houston, TX, for U.S. Fidelity & Guaranty Co.

Ryan Grant Anderson, Ball & Weed, Ruth Greenfield Malinas, San Antonio, TX, for American Insurance Association amicus curiae.

Before DAVIS and PARKER, Circuit Judges, and BUNTON, District Judge.

BUNTON, Senior District Judge.

FACTUAL BACKGROUND

Dayton-Scott Equipment Company is a Houston based company that rents heavy cranes to large contractors and industrial companies throughout the United States. In 1990, Union Carbide Chemicals and Plastic Company approached Dayton-Scott to lease a ringer attachment1 for a crane to be used on a construction project at Union Carbide's Point Comfort plant in Seadrift, Texas.

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