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FAIRFIELD INS. CO. v. STEPHENS MARTIN PAVING, LP

No. 03-10982.

381 F.3d 435 (2004)

FAIRFIELD INSURANCE COMPANY, Plaintiff-Appellant, v. STEPHENS MARTIN PAVING, LP; Carrie Bennett, Individually and as Representative of the Estate of Roy Edward Bennett, Deceased, and as Next Friend of Lane Edward Bennett, Cody Lee Bennett, and April Anne Bennett, Minors, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 11, 2004.

Attorney(s) appearing for the Case

David Morgan Pruessner (argued), Jes Alexander, Law Offices of David M. Pruessner, Dallas, TX, for Plaintiff-Appellant.

Charles Clark Self, III (argued), Whitten & Young, Abilene, TX, for Stephens Martin Paving LP.

Michael R. Cooper (argued), Law Office of Michael R. Cooper, Salado, TX, for Carrie Bennett.

Before JOLLY, DAVIS and JONES, Circuit Judges.

PER CURIAM:

This diversity case involves an important question of state law which the Texas courts have not resolved. Accordingly, we certify the unresolved question to the Supreme Court of Texas.

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO THE TEXAS CONSTITUTION ART. 5, § 3-C AND RULE 58 OF THE TEXAS RULES OF APPELLATE PROCEDURE TO THE SUPREME COURT OF TEXAS AND HONORABLE JUSTICES...

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