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UNITED NAT. INS. CO. v. HYDRO TANK, INC.

No. 06-20335.

525 F.3d 400 (2008)

UNITED NATIONAL INSURANCE COMPANY, Plaintiff-Appellee, v. HYDRO TANK, INC., et al., Defendants, Motiva Enterprises, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 2008.

Attorney(s) appearing for the Case

Brian S. Martin, Kevin Frank Risley, Thompson, Coe, Cousins & Irons, Houston, TX, for Plaintiff-Appellee.

Scott Patrick Stolley, Rachelle Hoffman Glazer, Gregory W. Curry, James Michael Heinlen, Thompson & Knight, Dallas, TX, for Defendant-Appellant.

Laura Anne Foggan, Wiley Rein, LLP, Washington, DC, for Amicus Curiae, Complex Ins. Claims Lit. Ass'n.

Robert M. Roach, Jr., Cook & Roach, Houston, TX, for Amici Curiae: Am. Petroleum Institute, BJ Services Co., USA, BP America, Inc., Chicago Bridge & Iron Co., Murphy Oil Corp., Nat. Petrochmical and Refiners Ass'n, Temple-Inland, Inc. and Total Petrochemicals.

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

PER CURIAM:

The Court, having considered the Petition for Rehearing filed by Motiva Enterprises, L.L.C. in this case, amends our opinion found at 497 F.3d 445, as follows:

Subsections 1 and 2 of Part II.A. of the opinion are superseded by the following, and subsection 3 is renumbered as "2":

1. Sufficiency of the Pleadings The Duriso Plaintiffs alleged they "were caused to sustain serious injuries...

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