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CANUTILLO SCHOOL DIST. v. NAT. UNION FIRE INS. CO.

No. 95-50924.

99 F.3d 695 (1996)

CANUTILLO INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

E. Link Beck, John P. Mobbs, Beck & Associates, El Paso, TX, for plaintiff-appellee,

Paul D. Schoonover, James Alexander McCorquodale, Vial, Hamilton, Koch & Knox, Dallas, TX, Fred Lawrence Shuchart, Hirsch, Robinson, Sheiness & Glover, Houston, TX, Patrick A. Groves, El Paso, TX, Jimmy Preston Wrotenbery, Magenheim, Bateman, Robinson, Wrotenberry & Helfand, Houston, TX, for defendant-appellant.

Before JONES, DUHÉ and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

National Union Fire Insurance Company ("National Union") sought a declaratory judgment that it had no duty under a contract of insurance to defend or indemnify Canutillo Independent School District ("Canutillo") against certain claims brought by third parties. Canutillo counterclaimed for breach of those duties, breach of the duty of good faith and fair dealing, gross negligence, and violations of the Texas Insurance Code and the Texas...

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