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GENERAL STAR INDEM. CO. v. VESTA FIRE INS. CORP.

No. 98-20211.

173 F.3d 946 (1999)

GENERAL STAR INDEMNITY COMPANY, Plaintiff-Appellant, v. VESTA FIRE INSURANCE CORPORATION; Liberty National Fire Insurance Company; Liberty National Fire Insurance Company, doing business as Vesta Fire Insurance Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 6, 1999.

Attorney(s) appearing for the Case

Daniel D. Gartner, Fitzgerald, Gartner & Follis, Houston, TX, for Plaintiff-Appellant.

Chris Culver Pappas, Houston, TX, Mark A. Cohen, Michael Joseph Prame, Cohen, Prame & Goldberg, Washington, DC, for Defendants-Appellees.

Before DAVIS, SMITH and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant General Star Indemnity Company ("General Star") appeals the district court's order granting the motion of Defendant-Appellee Vesta Fire Insurance Corporation ("Vesta") to dismiss under Federal Rule of Civil Procedure 12(b)(6). For the reasons expressed below, we reverse the district court's order, and remand the case for further proceedings.

I

FACTS AND PROCEEDINGS

The instant lawsuit arose out...

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