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UTICA LLOYD'S OF TEX. v. MITCHELL

No. 96-50431, Summary Calendar.

138 F.3d 208 (1998)

UTICA LLOYD'S OF TEXAS, Plaintiff-Appellee, v. Eric MITCHELL, d/b/a The Mitchell Company; et al., Defendants, Eric Mitchell, Individually and d/b/a The Mitchell Company, Anderson, Wormley Mitchell & Hunt, Inc., and Wormley, Mitchell & Associates, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1998.

Attorney(s) appearing for the Case

Scott Patrick Stolley, Thompson & Knight, Dallas, TX, Jeffrey Scott Boyd, Austin, TX, for Plaintiff-Appellee.

Michael Klein, John Pike Powers, Marcy Hogan Greer, Fulbright & Jaworski, Austin, TX, for Defendants-Appellants.

Before JONES, DeMOSS and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Utica Lloyd's of Texas ("Utica") brought this diversity suit under the Declaratory Judgment Act (the "Federal DJA"), 28 U.S.C. §§ 2201-02, against Eric Mitchell, The Mitchell Company, Anderson, Wormley, Mitchell & Hunt, Inc. and Wormley, Mitchell & Associates, Inc. (collectively, the "Mitchell Defendants") seeking construction of a policy issued by Utica, and a determination whether it had the duty to defend and indemnify...

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