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SCOTTSDALE INS. CO. v. KNOX PARK CONST., INC.

No. 05-10929.

488 F.3d 680 (2007)

SCOTTSDALE INSURANCE CO., Plaintiff-Appellant, v. KNOX PARK CONSTRUCTION, INC.; et al., Defendants, Knox Park Construction, Inc., formerly known as City Homebuilders Construction, Inc., Defendant-Appellant, v. Landmark Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 5, 2007.

Attorney(s) appearing for the Case

Michael Forest Nelson (argued), Burt Barr & Associates, Dallas, TX, for Scottsdale Ins. Co.

Mark Allen Ticer (argued), Law Office of Mark A. Ticer, Dallas, TX, for Knox Park Constr., Inc.

Oscar Rey Rodriguez, Walter A. Herring, Barbara Pilo (argued), Fulbright & Jaworski, Dallas, TX, for Landmark Ins. Co.

Before GARWOOD, WIENER, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this declaratory judgment action, the district court granted two motions for summary judgment by Landmark Insurance Co. ("Landmark") and denied a cross-motion by Scottsdale Insurance Co. ("Scottsdale"). The court concluded that Landmark did not owe a duty to defend and was not obligated to cover breach of warranty claims brought in an underlying suit against Shade Tree Electric, Inc. ("Shade Tree"), which was the insured of both...

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