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WEEKS MARINE, INC. v. FIREMAN'S FUND INS. CO.

No. 02-40825.

340 F.3d 233 (2003)

WEEKS MARINE, INC., Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 27, 2003.

Attorney(s) appearing for the Case

Alan H. Goodman (argued), Leland Gray Horton, Lemle & Kelleher, New Orleans, LA, for Plaintiff-Appellant.

Nancy Hesse Hamren (argued), Coats, Rose, Yale, Ryman & Lee, Houston, TX, for Defendant-Appellee.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Weeks Marine, Inc.("Weeks") appeals the district court's order denying its motion for summary judgment and granting Defendant-Appellee Fireman's Fund Insurance Company's ("FFIC") motion for summary judgment. We reverse and remand for entry of judgment in favor of Weeks.

I. FACTS AND PROCEEDINGS

This surety contract dispute arises from dredging work that Weeks Marine completed for now-bankrupt shipbuilder...

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