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McCARTHY BROS. CO. v. CONTINENTAL LLOYDS

No. 03-98-00671-CV.

7 S.W.3d 725 (1999)

McCARTHY BROTHERS COMPANY and McCarthy Western Constructors, Inc., d/b/a/ and a/k/a McCarthy Corporation, McCarthy Construction, and McCarthy, Appellants, v. CONTINENTAL LLOYDS INSURANCE COMPANY; American Casualty Company of Reading, Pennsylvania; and Mike Wilson, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 6, 2000.

Attorney(s) appearing for the Case

Tim Poteeet, Lea & Chamberlain, Austin, for appellant.

Paul J. Van Osselaer, Hughes & Luce, L.L.P., Austin, for Continental Lloyds Ins. Co. & American Casualty.

Robert A. Chaffin, The Chaffin Law Firm, Houston, for Mike Wilson.

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

LEE YEAKEL, Justice.

Appellants, McCarthy Brothers Company and McCarthy Western Constructors, Inc., doing business as and also known as McCarthy Corporation, McCarthy Construction, and McCarthy,1 appeal the district court's grant of summary judgment in favor of appellees, Continental Lloyds Insurance Company ("CLIC"), American Casualty Company of Reading, Pennsylvania ("ACC"), and Mike Wilson.2 McCarthy

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