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MADISON MATERIALS v. ST. PAUL FIRE & MARINE INS.

No. 06-60991.

523 F.3d 541 (2008)

MADISON MATERIALS COMPANY, INC., Plaintiff-Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 2008.

Attorney(s) appearing for the Case

Jeffrey Jerome Smith (argued), John Russell DeVoss, Smith & DeVoss, Hurst, TX, for Plaintiff-Appellant.

Toni Scott Reed, James K. Peden, III (argued), Strasburger & Price, Dallas, TX, for Defendant-Appellee.

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

WIENER, Circuit Judge:

Plaintiff-Appellant Madison Materials Company, Inc. ("Madison") appeals the district court's grant of summary judgment in favor of its insurer, St. Paul Fire & Marine Insurance Company ("St. Paul"). Concluding that the losses suffered by Madison over a period of ten years constitute a single occurrence, we affirm.

I. FACTS AND PROCEEDINGS

St. Paul and its predecessor, United States Fidelity and Guaranty Company ("USF&...

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