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BEXAR COUNTY HOSP. DIST. v. FACTORY MUT. INS. CO.

No. 05-51665.

475 F.3d 274 (2007)

BEXAR COUNTY HOSPITAL DISTRICT d/b/a University Health System, Plaintiff-Appellant, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 2007.

Attorney(s) appearing for the Case

Laura Anne Cavaretta (argued), Plunkett & Gibson, San Antonio, TX, for Plaintiff-Appellant.

Thomas Hal Cook (argued), David B. Winter, Zelle, Hofmann, Voelbel, Mason & Gette, Dallas, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Bexar County Hospital District ("University Health System" or "UHS") sued Defendant-Appellee Factory Mutual Insurance Company ("Factory Mutual" or "FM") for breach of contract, alleging that FM improperly calculated the deductible applicable to a claim UHS made on its FM property insurance policy. The district court eventually granted FM's motion for summary judgment, denied a like motion by UHS, and dismissed UHS's action...

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