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FIESS v. STATE FARM LLOYDS

No. 03-20778.

472 F.3d 383 (2006)

Richard FIESS and Stephanie Fiess, Plaintiffs-Appellants, v. STATE FARM LLOYDS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 2006.

Attorney(s) appearing for the Case

Robert G. Miller (argued), O'Donnell, Ferebee & McGonigal, Houston, TX, for Plaintiffs-Appellants.

William Joseph Boyce, Fulbright & Jaworski, Christopher Weldon Martin, (argued), Levon G. Hovnatanian, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for State Farm Lloyds.

Brendan K. McBride, Kevin M. Young, Prichard, Hawkins & Young, San Antonio, TX, for Policyholders of America, Amicus Curiae.

Sarah Corinne Wells (argued), Austin, TX, for Texas Dept. of Ins., Amicus Curiae.

Robert F. Scheihing, Adami, Goldman & Shuffield, San Antonio, TX, for United Services Auto. Ass'n, Amicus Curiae.

James E. Perschbach, San Antonio, TX, Audrey Mullert Vicknair, Law Offices of Audrey Mullert Vicknair, Corpus Christi, TX, for Farmers Ins. Exchange and Fire Ins. Exchange, Amici Curiae.

Ricky H. Rosenblum, Jo Beth Eubanks, Thomas E. Sanders, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Allstate Texas Lloyds Co., Amicus Curiae.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In June 2003, a federal district court granted summary judgment in favor of the defendant, State Farms Lloyds, holding, inter alia, that the Fiesses' Homeowners Form B (HO-B) policy did not cover mold contamination. The Fiesses appealed, claiming that the ensuing-loss provision did cover such mold contamination, and urging that, in any event, the mold contamination was also covered by an exclusion-repeal provision for...

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