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PRIMROSE OPERATING CO. v. NATIONAL AMERICAN INS.

No. 03-10861.

382 F.3d 546 (2004)

PRIMROSE OPERATING COMPANY; CADA Operating, Inc., Plaintiffs-Appellees, v. NATIONAL AMERICAN INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 2004.

Attorney(s) appearing for the Case

Rickey Gene Strange (argued), Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for Plaintiffs-Appellees.

Mark D. Johnson (argued), James Ellis Davis, Davis Munck, Dallas, TX, for Defendant-Appellant.

Before GARWOOD, WIENER, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Primrose Operating Company ("Primrose") and CADA Operating, Inc. ("CADA") (collectively, "Plaintiffs"), filed suit in Texas state court against National American Insurance Company ("NAICO"), seeking damages for an alleged breach of NAICO's duty to defend Plaintiffs in a lawsuit filed against them in Texas state court. NAICO removed to federal court based on complete diversity between the parties. A jury found for Plaintiffs and awarded damages...

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