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LAMAR HOMES, INC. v. MID-CONTINENT CAS. CO.

No. 04-51074.

428 F.3d 193 (2005)

LAMAR HOMES, INC., Plaintiff-Counter-Defendant-Appellant, v. MID-CONTINENT CASUALTY COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 2005.

Attorney(s) appearing for the Case

Lee Howard Shidlofsky, Nickens, Keeton, Lawless, Farrell & Flack, Austin, TX, for Lamar Homes, Inc.

Jennifer Bruch Hogan, Richard Phillips Hogan, Jr., Pillsbury Winthrop Shaw Pittman, John Logan Engvall, Joseph Jonathan Hlavinka, Engvall & Hlavinka, Houston, TX, for Mid-Continent Cas. Co.

Geoffrey Robert Unger, Gray, Cary, Ware & Freidenrich, Austin, TX, for Nat. Ass'n of Home Builders, Amicus Curiae.

Patrick J. Wielinski, Cokinos, Bosien & Young, Arlington, TX, for Am. Subcontractors Ass'n, Inc. and Am. Sucontractors Ass'n of Tx., Inc., Amici Curiae.

E. Thomas Bishop, Bishop & Hummert, Dallas, TX, for Property Cas. Insurers Ass'n of America, Amicus Curiae.

Before DAVIS, JONES and GARZA, Circuit Judges.

PER CURIAM:

This diversity case involves important and determinative questions of Texas law as to which there is no controlling Texas Supreme Court precedent. Accordingly, we certify those unresolved questions 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 TEXAS CONSTITUTION ARTICLE 5, § 3-C AND RULE 58 OF THE TEXAS RULES OF APPELLATE PROCEDURE.

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