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WESTERN ALLIANCE INS. CO. v. NORTHERN INS. CO.

No. 97-11194.

176 F.3d 825 (1999)

WESTERN ALLIANCE INSURANCE COMPANY, Plaintiff-Appellee, v. NORTHERN INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 6, 1999.

Attorney(s) appearing for the Case

Cathlynn H. Cannon, Barry H. Fanning, Fanning, Harper & Martinson, Dallas, TX, for Plaintiff-Appellee.

Richard Brent Cooper, Diana L. Faust, Cooper & Scully, Dallas, TX, for Defendant-Appellant.

Before GARWOOD, BARKSDALE and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellee Western Alliance Insurance Company (Western) brought this equitable subrogation action against defendant-appellant Northern Insurance Company (Northern) seeking reimbursement of proceeds Western paid to its insured on a liability policy it asserts was excess to Northern's policy obligations. The district court granted Western's motion for summary judgment, and Northern appeals. We vacate and remand for the limited purpose...

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