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LAMAR HOMES, INC. v. MID CONTINENT CAS. CO.

No. 04-51074.

501 F.3d 435 (2007)

LAMAR HOMES, INC., Plaintiff-Counter-Defendant-Appellant, v. MID CONTINENT CASUALTY COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 2007.

Attorney(s) appearing for the Case

Lee Howard Shidlofsky, Visser Shidlofsky, Austin, TX, for Lamar Homes, Inc.

John Logan Engvall, Joseph Jonathan Hlavinka, Engvall & Hlavinka, LLP, Houston, TX, Richard Phillips Hogan, Jr., Jennifer Bruch Hogan, Hogan & Hogan, Houston, TX, for Mid-Continent Cas. Co.

Geoffrey Robert Unger, Gray, Cary, Ware & Freidenrich, Austin, TX, for National Ass'n of Home Builders.

Patrick J. Wielinski, Cokinos, Bosien & Young, Arlington, TX, for American Subcontractors Ass'n, Inc. and American Subcontractors Ass'n of Texas, Inc.

E. Thomas Bishop, Bishop & Hummert, Dallas, TX, for Property Cas. Insurers Ass'n of America.

Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Lamar Homes, Inc. ("Lamar") filed suit against its insurer, Defendant-Appellee Mid-Continent Casualty Company ("Mid-Continent"), in Texas state court seeking a declaration that Mid-Continent's comprehensive general liability policy covered the claim asserted against Lamar by an insured homeowner and that Mid-Continent owed Lamar a defense in that suit. The homeowner alleged that Lamar was negligent and failed to design and/or construct...

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