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TRAVELERS CAS. & SUR. v. BAPTIST HEALTH

No. 02-50087.

313 F.3d 295 (2002)

TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Plaintiff-Counter Defendant-Appellant, v. BAPTIST HEALTH SYSTEM, Defendant-Counter Claimant-Appellee. Baptist Health System, Plaintiff-Appellee, v. Travelers Casualty & Surety Company of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 5, 2002.

Attorney(s) appearing for the Case

Duncan L. Clore, Strasburger & Price, Dallas, TX, Judith R. Blakeway, Strasburger & Price, San Antonio, TX, for Travelers Cas. & Sur. Co.

Jeffrey E. Dahl, Harkins, Latimer & Dahl, Kenneth Bruce Leeds, Law Offices of Kenneth Leeds, San Antonio, TX, for Baptist Health System.

Edward Graham Gallagher, Wickwire & Gavin, Vienna, VA, for Surety Ass'n of America, Amicus Curiae.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

EDITH BROWN CLEMENT, Circuit Judge:

Baptist Health System ("BHS") alleges losses of $876,545.37 due to fraudulent invoices submitted by vendor Marshall R. Shepherd d/b/a Medical Resource Assistance ("Shepherd"). Travelers Casualty & Surety Company of America ("Travelers") denied coverage and filed for declaratory judgment. BHS counterclaimed and moved for partial summary judgment on its breach of contract claim. Travelers made a counter motion for summary judgment...

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