WESTPORT INS. CORP. v. TUSKEGEE NEWSPAPERS, INC.

No. 03-15125.

402 F.3d 1161 (2005)

WESTPORT INSURANCE CORPORATION, Plaintiff-Appellee, v. TUSKEGEE NEWSPAPERS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 14, 2005.


Attorney(s) appearing for the Case

Dennis R. Bailey, Rushton, Stakely, Johnston & Garrett, Montgomery, AL, for Defendant-Appellant.

Edward Perry Kendall, Montgomery, AL, Jay R. Sever, Phelps Dunbar, LLP, New Orleans, LA, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and MARCUS and PRYOR, Circuit Judges.


MARCUS, Circuit Judge:

In this diversity case, Tuskegee Newspapers, Inc. ("Tuskegee Newspapers") appeals from an order of summary judgment entered in favor of Westport Insurance Corp. ("Westport") in this declaratory judgment action brought by Westport after Tuskegee Newspapers was sued for damages resulting from negligent failure to include a legal foreclosure notice in three weekly editions of The Tuskegee News. After argument, the magistrate judge, to whose...

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