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COLUMBIA CAS. CO. v. CP NAT., INC.

No. 01-00-01406-CV.

175 S.W.3d 339 (2004)

COLUMBIA CASUALTY COMPANY, Appellant, v. CP NATIONAL, INC. and National Emergency Services, Inc., Appellees.

Court of Appeals of Texas, Houston (1st District).

Rehearing Overruled September 15, 2004.

Attorney(s) appearing for the Case

James M. Corbett, Giessel, Barker & Lyman, Inc., Houston, TX, William H. Briggs, Ross, Dixon & Bell, L.L.P., Washington, DC, for Appellant.

John E. Chapoton, Cunningham, Welsh, Darlow, Zook & Chapoton, LLP, Houston, TX, Jon Todd Powell, San Antonio, TX, for Appellees.

Panel consists of Justices NUCHIA, JENNINGS, and KEYES.

OPINION ON DENIAL OF EN BANC RECONSIDERATION

EVELYN V. KEYES, Justice.

The court has considered appellees' motion for en banc reconsideration and is of the opinion that the motion should be denied. However, we withdraw our opinion and judgment dated May 27, 2004 and substitute those issued today to clarify our opinion.

This is an appeal from a summary judgment rendered in favor of appellees/plaintiffs, CP National, Inc. (CPN) and National Emergency...

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