RIDGLEA ESTATE CONDOMINIUM ASS'N v. LEXINGTON INS.

No. 04-10447.

415 F.3d 474 (2005)

RIDGLEA ESTATE CONDOMINIUM ASSOCIATION, Plaintiff-Counter Defendant-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 2005.


Attorney(s) appearing for the Case

Russell Joseph Bowman (argued), Scott, Bowman & Stella, Dallas, TX, for Plaintiff-Appellant.

Julia Leigh Kurtz (argued), Wright, Brown & Close, Houston, TX, Marcus Jarrett Coleman, Cozen & O'Connor, Dallas, TX, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

No member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, (FED. R.APP. P. and 5th CIR. R. 35) the Petition for Rehearing En Banc is DENIED.

IT IS ORDERED that the Petition for Panel Rehearing is GRANTED. The opinion of the court issued on January 21, 2005, at 398 F.3d 332, is withdrawn, and the following opinion substituted...

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