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HARKEN EXPLORATION CO. v. SPHERE DRAKE INS. PLC

Nos. 00-10517, 00-10883.

261 F.3d 466 (2001)

Harken Exploration Company, Plaintiff-Counter Defendant-Appellee, v. Sphere Drake Insurance Plc, also known as Odyssey Re (London) Limited, Defendant-Counter Claimant-Appellant, Commercial Underwriters Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised October 26, 2001.

Rehearing Denied September 14, 2001.

Attorney(s) appearing for the Case

Patrick J. Wielinski (argued), Daniel T. Mabery, Haynes & Boone, Dallas, TX, for Harken Exploration Co.

Tolbert L. Greenwood (argued), Kevin C. Norton, Evelyn R. Leopold, Cantey & Hanger, Fort Worth, TX, for Commercial Underwriters Ins. Co.

Katherine A. Grossman, James William Walker (argued), Cozen & O'Connor, Dallas, TX, for Sphere Drake Ins. PLC.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and SMITH, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Sphere Drake Insurance PLC (hereinafter "Sphere") and Commercial Underwriters Insurance Company (hereinafter "Commercial") (collectively hereinafter "Appellants") appeal the Dallas Federal District Court's ruling that they had a duty to defend Harken Exploration Company (hereinafter "Harken") in Harken's underlying federal and state lawsuits, the award of Harken's defense costs for the underlying lawsuits, and the use of a 10% interest...

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