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HOLDEN v. CONNEX-METALNA MANAGEMENT CONSULTING

No. 01-30425.

302 F.3d 358 (2002)

Penny HOLDEN, Etc.; et al., Plaintiffs, v. CONNEX-METALNA MANAGEMENT CONSULTING GMBH, Etc.; et al., Defendants. Reliance National Insurance Company, Plaintiff-Appellee-Cross-Appellant, v. Lexington Insurance Company; Westchester Surplus Lines Insurance Company, Intervenors-Appellants-Cross-Appellees, Westchester Fire Insurance Company; General Star Indemnity Company, Intervenors-Cross-Appellees, v. IC RailMarine Terminal Company, Inc., Defendant.

United States Court of Appeals, Fifth Circuit.

August 28, 2002.

Attorney(s) appearing for the Case

Kirk Anthony Bergeron (argued), Charles Malcolm Gordon, Preis, Bergeron & Gordon, Baton Rouge, LA, for Reliance Nat. Ins. Co.

C. Michael Johnson (argued), Laurie E. Dugoniths, Fellows, Johnson & LaBriola, Atlanta, GA, Richard A. Fraser, III, Norman C. Sullivan, Jr., Gelpi, Sullivan & Carroll, New Orleans, LA, for Lexington Ins. Co. and Westchester Surplus Lines Ins. Co.

Before JOLLY, DeMOSS and PARKER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Insurers are disputing the allocation of liability for losses suffered by their insured, IC RailMarine Terminal Co. ("IC RailMarine"). The losses were caused by the collapse of a crane that had just been installed as part of the construction of IC RailMarine's cargo terminal on the Mississippi River. The damage was covered by various layers of property insurance. The policies included a builder...

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