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IN RE BILOXI CASINO BELLE INC.

No. 03-60348.

368 F.3d 491 (2004)

In The Matter Of: BILOXI CASINO BELLE INC., Debtor. First American Title Insurance Co., Appellant, v. First Trust National Association, Appellee.

United States Court of Appeals, Fifth Circuit.

April 21, 2004.

Attorney(s) appearing for the Case

John Mason McCollam (argued), Ewell E. Eagan, Jr., C. Peck Hayne, Jr., Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, Jeffrey Paul Hubbard, Charles Rayford Wilbanks, Jr., Wells, Moore, Simmons & Hubbard, Jackson, MS, for Appellant.

Jerome A. Miranowski (argued), Faegre & Benson, Minneapolis, MN, for Appellee.

David H. Cox (argued), Vernon Webster Johnson, III, Benjamin Rogers Jacewicz, Jackson & Campbell, Washington, DC, for American Land Title Ass'n, Amicus Curiae.

John C. Henegan, Sr., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Dixie Land Title Ass'n, Amicus Curiae.

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

KING, Chief Judge:

The bankruptcy court held that the title insurance policy issued to Appellee First Trust National Association ("First Trust") insured First Trust's security interest in a casino boat being constructed at a location remote from the insured land where the boat would eventually be moored. The district court affirmed. Finding that the policy does not provide coverage, we reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

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