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UNITED FIRE AND CAS. CO. v. HIXSON BROTHERS INC.

No. 05-30696.

453 F.3d 283 (2006)

UNITED FIRE AND CASUALTY CO., Plaintiff-Counter Defendant-Appellant, v. HIXSON BROTHERS INC.; et al., Defendants, Hixson Brothers Inc., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 19, 2006.

Attorney(s) appearing for the Case

M. Shane Craighead (argued), Davenport, Files & Kelly, Monroe, LA, for United Fire & Cas. Co.

William Alan Pesnell (argued), Pesnell Law Firm, Shreveport, LA, William Boyd Owens, Crowell & Owens, Alexandria, LA, for Hixson Bros. Inc.

Before REAVLEY, CLEMENT, and PRADO, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this dispute regarding whether an insurer has a duty to defend its insured, United Fire & Casualty Company ("United Fire") appeals the district court's partial grant of summary judgment in favor of Hixson Brothers, Inc. ("Hixson"). In the declaratory judgment action below, the district court found that United Fire had a duty to defend Hixson in a state court action in which plaintiffs not party to this appeal allege that...

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