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McAVEY v. LEE

No. 98-31274.

260 F.3d 359 (2001)

William J. McAVEY, Plaintiff-Appellee, v. Chen-Horng LEE; Chin-Li Lee, Defendants-Appellees, v. First Financial Insurance Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 25, 2001.

Attorney(s) appearing for the Case

Richard M. Martin, Jr. (argued), Eaves Law Firm, John J. Cummings, III, Cummings, Cummings & Dudenhefer, New Orleans, LA, for Plaintiff-Appellee.

Thomas G. Buck (argued), Blue Williams, Metairie, LA, for First Financial Insurance Co.

James Richard Swanson, Correro, Fishman, Haygood, Phelps, Walmsley & Casteix, New Orleans, LA, for Chen-Horng Lee and Chin-Li Lee.

Before GARWOOD, WIENER, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

William J. McAvey brought this diversity action against Chen-Horng Lee (Mr. Lee), his wife, Chin-Li Lee (Mrs. Lee), and Ming Chun, Inc. d/b/a Tomfort Lodge ("Ming Chun") (collectively, "the insureds" or "the innkeepers"), and First Financial Insurance Company ("First Financial"), the insureds' commercial liability insurer, for damages for personal injury to McAvey caused by the negligence of the insureds and their employees in failing to take...

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