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TEXAS INDUSTRIES, INC. v. FACTORY MUT. INS. CO.

No. 06-10681.

486 F.3d 844 (2007)

TEXAS INDUSTRIES, INC., Plaintiff-Appellee, v. FACTORY MUTUAL INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 2007.

Attorney(s) appearing for the Case

Michael Anthony Miller, Josh Paul Norrell, Miller & McCarthy, Dallas, TX, for Plaintiff-Appellee.

Thomas Hal Cook, Zelle, Hofmann, Voelbel, Mason & Gette, Dallas, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

Before the court is an appeal of the district court's grant of summary judgment in favor of Texas Industries, Inc. ("TXI"), denial of summary judgment in favor of Factory Mutual Insurance Co. ("Factory Mutual"), and denial of Factory Mutual's motion to reconsider. There is only one disputed issue: the proper calculation of the insurance deductible. We affirm.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The facts are...

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