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WESTCHESTER FIRE INS. CO. v. HASPEL-KANSAS INV.

No. 02-30718.

342 F.3d 416 (2003)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. HASPEL-KANSAS INVESTMENT PARTNERSHIP; et al., Defendants, Haspel-Kansas Investment Partnership; Edward M. Haspel; Maurice S. Kansas; Travelers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised September 19, 2003.

Attorney(s) appearing for the Case

Gregg L. Spyridon, Paul Darren Palermo (argued), Spyridon, Koch & Palermo, Metairie, LA, for Plaintiff-Appellant.

John G. Gomila, Jr. (argued), Madeleine M. Fischer, Aimee M. Quirk, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Defendants-Appellees.

Before KING, Chief Judge, and REAVLEY and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Westchester Fire Insurance Co. ("Westchester") filed a subrogation action in tort and contract against the Appellees (collectively, "Haspel-Kansas") seeking to recover one million dollars that Westchester contributed to a settlement for K&B Drug Stores ("K&B"). The settlement was paid to Jermol Stinson ("Stinson") for injuries he sustained in a shooting incident which occurred in a parking lot of the shopping center where K...

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