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COOPER INDUSTRIES v. TARMAC ROOFING SYSTEMS, INC.

No. 00-60150.

276 F.3d 704 (2002)

COOPER INDUSTRIES, INC., Plaintiff-Appellee-Cross-Appellant, v. TARMAC ROOFING SYSTEMS, INC.; et al., Defendants. Tarmac Roofing Systems, Inc., Defendant-Counter Defendant-Cross Defendant-Cross Claimant-Appellant-Cross-Appellee, v. International Fidelity Insurance Company, Defendant-Counter Claimant-Cross Claimant-Cross Defendant-Appellee-Appellant, Moisture Protection Associates, Inc., Cross Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 2002.

Attorney(s) appearing for the Case

Christopher Dale Shearer, Charles G. Copeland (argued), Donald James Blackwood, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for Cooper Industries Inc. and Moisture Protection Associates, Inc.

Clifford Caswell Whitney, III (argued), Varner, Parker & Sessums, Vicksburg, MS, for Tarmac Roofing Systems, Inc.

Ronald Alton Yarbrough (argued), Mary Lynn Patton, Ott & Purdy, Ridgeland, MS, for International Fidelity Ins. Co.

Martha Langley Perkins, American Ins. Ass'n, Washington, DC, for American Ins. Ass'n and Surety Ass'n of America, Amicus Curiae.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and HINOJOSA, District Judge.

EMILIO M. GARZA, Circuit Judge:

Cooper Industries, Inc. ("Cooper") sued Tarmac Roofing Systems, Inc. ("Tarmac") and International Fidelity Insurance Co. ("IFIC") for damages arising from the installation of a roof on Cooper's Vicksburg, Mississippi manufacturing plant. A jury found Tarmac liable to Cooper for negligence, breach of contract and warranty, and IFIC liable to Cooper for negligence and breach of contract. Tarmac and IFIC each contest their liability and...

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