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FEDERATED MUT. INS. CO. v. GRAPEVINE EXCAVATION

No. 98-10904.

197 F.3d 720 (1999)

FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff, v. GRAPEVINE EXCAVATION INC.; et al., Defendants, Grapevine Excavation Inc., Defendant-Third Party Plaintiff-Appellant, v. Maryland Lloyds, a Lloyds Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 5, 2000.

Attorney(s) appearing for the Case

Patrick J. Wielinski (argued), Michelle I. Rieger, Ford Yungblut White & Salazar, Dallas, TX, for Grapevine Excavation Inc.

Richard Brent Cooper (argued), Diana L. Faust, Cooper & Scully, Raymond Douglas Rees, Dallas, TX, for Maryland Lloyds.

Before JONES and WIENER, Circuit Judges, and WALTER, District Judge.

WIENER, Circuit Judge:

In this breach of contract and declaratory judgment action arising out of an insurance defense dispute, Defendant-Third Party Plaintiff-Appellant Grapevine Excavation, Inc. ("GEI") appeals the district court's grant of summary judgment in favor of Third Party Defendant-Appellee Maryland Lloyds ("Maryland"). Following a de novo review of the record, we reverse and render judgment in favor of GEI...

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