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STATE FARM FIRE AND CAS. CO. v. FULLERTON

No. 96-40078.

118 F.3d 374 (1997)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellant, v. Virgil L. FULLERTON, et al., Defendants, W. Bryant Buckner, Individually and as Representative of the Estate of Karen Jones, deceased; Jacob Joseph Anslum, Individually and as Representative of the Estate of Karen Jones, deceased; Stephen Paul Buckner, Individually and as Representative of the Estate of Karen Jones, deceased, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 1997.

Attorney(s) appearing for the Case

Paul M. Boyd, Tyler, TX, Michael William Minton, Johnston & Minton, Fort Worth, TX, for Plaintiff-Appellant.

Michael Jacobellis, Tonahill, Hile, Leister and Jacobellis, Beaumont, TX, James Kevin Dutton, Tonahill, Hile, Leister & Jacobellis, Jasper, TX, for Defendants-Appellees.

Before KING and HIGGINBOTHAM, Circuit Judges, and LAKE, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to surmise how a Texas court would rule on a question that has received diverse answers in those states that have considered it: whether an insured's guilty plea in a prior criminal proceeding can preclude third parties from collecting on the insured's policy. More specifically, we must determine whether Texas law allows the heirs of the victims of a shooting to argue that the shooting was unintentional...

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