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WENTWOOD WOODSIDE I, LP v. GMAC COMMERCIAL MORTG.

No. 04-20819.

419 F.3d 310 (2005)

WENTWOOD WOODSIDE I, LP, Plaintiff-Appellant, v. GMAC COMMERCIAL MORTGAGE CORPORATION; Royal Indemnity Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 2005.

Attorney(s) appearing for the Case

Bruce Edwin Ramage, Christopher Weldon Martin, Levon G. Hovnatanian (argued), Melinda Lacy McGehee, Kevin Graham Cain, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Plaintiff-Appellant.

Donald E. Herrmann, Roger C. Diseker (argued), Kelly, Hart & Hallman, Fort Worth, TX, for GMAC Commercial Mortg. Corp.

Gerald John Brown (argued), Hilary Channing Borow, Jay W. Brown, Beirne, Maynard & Parsons, Houston, TX, for Royal Indem. Co.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

GARWOOD, Circuit Judge:

Wentwood Woodside I, L.P., a Texas limited partnership, (Wentwood) brought this suit against Royal Indemnity Company (Royal), which carried the excess property damage insurance on the apartments Wentwood owned, and against GMAC Commercial Mortgage Corporation (GMAC), which serviced the mortgage on Wentwood's apartments, to recover under Texas law for flood damage to the apartments sustained during Tropical Storm Allison in June of 2001. The...

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