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KANE v. NATIONAL UNION FIRE INSURANCE COMPANY

No. 07-30611.

STUART KANE; LISA PHILLIPS KANE, Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY; QWEST COMMUNICATIONS INC; DAVID A COMSTOCK, Defendants-Appellees. v. AARON CAILLOUET Trustee-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 4, 2008.

PER CURIAM:

Plaintiffs-appellants Stuart and Lisa Phillips Kane and trustee-appellant Aaron Caillouet appeal the district court's grant of summary judgment for defendants-appellees on the grounds that the Kanes were judicially estopped from pursuing their personal injury action after failing to include it in their Chapter 7 bankruptcy schedules, and consequently that the trustee's motion to be substituted for the Kanes in that action was moot, relying entirely on...

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