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GENESIS INS. CO. v. WAUSAU INS. COMPANIES

No. 02-60807.

343 F.3d 733 (2003)

GENESIS INSURANCE COMPANY; President Riverboat Casino-Mississippi, Inc., Plaintiffs-Appellants, v. WAUSAU INSURANCE COMPANIES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 2003.

Attorney(s) appearing for the Case

Robert C. Galloway (argued), Butler, Snow, O'Mara, Stevens & Cannada, Gulfport, MS, for Genesis, Ins. Co.

Karen Korff Sawyer (argued), Bryant, Clark, Dukes, Blakeslee, Ramsay & Hamond, Gulfport, MS, for President Riverboat Casino-Mississippi, Inc.

Eugene Randolph Naylor, (argued), Charles Henry Russell, III, Wise, Carter, Child & Caraway, Jackson, MS, for Wausau Ins. Companies.

Before JONES and BENAVIDES, Circuit Judges, and KAZEN, District Judge.

BENAVIDES, Circuit Judge:

I. BACKGROUND

On April 25, 1996, Edith Baker, a guest at The President Casino ("President"), in Biloxi, Mississippi, was struck by a casino-owned shuttle bus driven by a casino employee as she attempted to cross a drop-off area in front of the casino entrance. Baker had emerged from a walkway to the driver's left. The driver, whose view of the walkway was partially blocked by a six-foot chain link fence that was covered intermittently...

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