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PRIME INS. SYNDICATE v. B.J. HANDLEY TRUCKING

No. 03-12823.

363 F.3d 1089 (2004)

PRIME INSURANCE SYNDICATE, INC., an Illinois corporation, Plaintiff-Counter-defendant-Appellee, v. B.J. HANDLEY TRUCKING, INC., et al., Rick Handley, d.b.a. Rick Handley Trucking, Randall Summerville, Defendants-Counter-claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 24, 2004.

Attorney(s) appearing for the Case

William Scott Patterson, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Towson, MD, for Defendants.

Susan Scrivani Lerner, Miami, FL, Hugh Joseph Connolly, IV, Josephs, Jack & Gabe, P.A., Miami, FL, for Plaintiff.

Before WILSON and KRAVITCH, Circuit Judges, and GOLDBERG, Judge.

KRAVITCH, Circuit Judge:

Appellants Rick Handley, B.J. Handley Trucking, Inc. ("Handley Trucking"), and Randall Summerville appeal the district court's order denying their motion for attorneys' fees in a declaratory action concerning coverage under an insurance contract. The issue on appeal is whether the district court correctly applied Alabama law in determining that the defendants were not entitled to recover their attorneys...

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