GUARANTY NAT. INS. CO. v. AZROCK INDUSTRIES INC.

No. 98-21031.

211 F.3d 239 (2000)

GUARANTY NATIONAL INSURANCE CO., Plaintiff-Appellee, v. AZROCK INDUSTRIES INC., d/b/a Azrock Commercial Flooring, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 2000.


Attorney(s) appearing for the Case

Christopher Weldon Martin, Martin, Disiere & Jefferson, Houston, TX, Patricia Maria de la Pena, Bracewell & Patterson, Austin, TX, for Plaintiff-Appellee.

Reagan Mark Brown, Fulbright & Jaworski, Houston, TX, for Defendant-Appellant.

Robert M. Roach, Jr., Cook, Roach & Lawless, Houston, TX, J. Mark Lawless, Austin, TX, Dana Livingston Cobb and Lee Howard Shidlofsky, Cook, Roach & Lawless, Austin, TX, for Cook, Roach & Lawless, LLP, Amicus Curiae.

Before WIENER and STEWART, Circuit Judges.


WIENER, Circuit Judge:

The petition for rehearing filed by Plaintiff-Appellee Guaranty National Insurance Co.'s ("Guaranty National") is GRANTED, our prior panel opinion is WITHDRAWN, and this opinion is SUBSTITUTED therefor. We AFFIRM IN PART, REVERSE IN PART and REMAND with instructions.

In this diversity case, Defendant-Appellant Azrock Industries Inc. ("Azrock") appeals from the district court's grant of summary judgment to Guaranty National. We must decide...

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