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GULF METALS INDUSTRIES v. CHICAGO INS. CO.

No. 03-98-00013-CV.

993 S.W.2d 800 (1999)

GULF METALS INDUSTRIES, INC., Gulf Reduction Corporation, and Gulf Reduction Corporation as a Successor to Southern Zinc Company, Appellants, v. CHICAGO INSURANCE COMPANY, Interstate Fire & Casualty Company, Delta Lloyds Insurance Company, First State Insurance Company, Insurance Company of North America, Continental Casualty Company, Transcontinental Insurance Company, CNA Lloyds of Texas, Transportation Insurance Company, Fidelity & Casualty Insurance Company of New York and Glen Falls Insurance Company, Appellees.

Court of Appeals of Texas, Austin.

May 13, 1999.

Attorney(s) appearing for the Case

Michael G. Mullen, Brown McCarroll & Oaks Hartline, Austin, for Appellants.

Mark L. Nissenbaum, Nissenbau Long & Levit, San Francisco, Christopher W. Martin, Bracewell & Patterson, L.L.P., Thomas L. Cougill, Funderburk & Funderburk, L.L.P., Houston, Scott R. Hoyt, Gibson, Dunn & Crutcher, L.L.P., Dallas, for Appellees.

Before Justices JONES, B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

Appellants Gulf Metals Industries, Inc., Gulf Reduction Corporation, and Gulf Reduction Corporation as a successor to Southern Zinc Company1 appeal the district court's grant of summary judgment in favor of appellees, all of whom at one time or another issued policies of insurance to Gulf Metals.2 Gulf Metals claims that the district court erred in ruling that, as a matter of law, the qualified...

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