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CERTAIN UNDERWRITERS AT LLOYD'S v. C.A. TURNER CONST.

No. 96-20698.

112 F.3d 184 (1997)

CERTAIN UNDERWRITERS AT LLOYD'S LONDON, London & Hull Maritime Insurance Company Ltd., Commercial Union Assurance Company, Northern Assurance Company Ltd. No. 6 A/C, The Prudential Assurance Company Ltd., Ocean Marine Insurance Company Ltd., Hansa Marine Insurance Company (UK) Ltd., Vesta (UK) Insurance Company Ltd., Bishopsgate Insurance PLC, Minster Insurance Company Ltd., Plaintiffs-Appellees, v. C.A. TURNER CONSTRUCTION COMPANY, INC. and T.C.I., Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 8, 1997.

Attorney(s) appearing for the Case

Kent E. Westmoreland, Karen Klaas Milhollin, Phelps Dunbar, Houston, TX, for Certain Underwriters at Lloyd's London, Plaintiff-Appellee.

Randal G. Cashiola, Beaumont, TX, for Defendants-Appellants.

Before DAVIS, SMITH and DUHÉ, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

C.A. Turner Construction Company and its subsidiary, T.C.I., Inc., appeal a declaratory judgment that a clause in their insurance policy excludes coverage for a personal injury suit arising from the discharge of chemical fumes. Because the exclusion clause unambiguously applies, we affirm the district court's summary judgment order.

I.

This declaratory judgment action arises from a March 14, 1990, incident in which...

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