SOUTHWEST TANK AND TREATER MANUFACTURING CO. v. MID-CONTINENT CAS. CO.

No. 6:01-CV-542.

243 F.Supp.2d 597 (2003)

SOUTHWEST TANK AND TREATER MANUFACTURING COMPANY, Plaintiff, v. MID-CONTINENT CASUALTY COMPANY, Mid-Continental Insurance Company and Oklahoma Surety, Defendants.

United States District Court, E.D. Texas, Tyler Division.

February 4, 2003.


Attorney(s) appearing for the Case

Clay Wilder, Wilder & Wilder, Henderson, TX, for plaintiff.

Marie K Miller, Miller & Burke, San Antonio, TX, for defendant.


MEMORANDUM OPINION

DAVIS, District Judge.

Plaintiff Southwest Tank and Treater Manufacturing Company ("Southwest Tank") filed this declaratory judgment action against Defendants Mid-Continent Casualty Company ("Mid-Continent"), Mid-Continental Insurance Company, and Oklahoma Surety.1 Mid-Continent filed a counterclaim against Southwest Tank seeking a declaration that it has no duty to defend or indemnify Southwest Tank...

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