ST. PAUL FIRE AND MARINE INS. CO. v. COMPAQ COMPUTER CORP.

Nos. 07-2865, 07-2949.

539 F.3d 809 (2008)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. COMPAQ COMPUTER CORPORATION, Defendant-Appellee. St. Paul Fire and Marine Insurance Company, Plaintiff-Appellee, v. Compaq Computer Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2008.


Attorney(s) appearing for the Case

Charles E. Spevacck, argued, Minneapolis, MN (William M. Hart, Michael P. McNamee, and Damon L. Highly, on the brief), for appellant.

Martin K. Katz, argued, Los Angeles, CA (Paul A. Banker, and Christopher A. Grgurich, on the brief, Minneapolis, MN, on the brief), for appellee.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.


MURPHY, Circuit Judge.

St. Paul Fire & Marine Insurance Company brought this declaratory judgment action for a ruling that it had no duty to defend its insured, Compaq Computer Corporation (Compaq), in a case brought against it in Texas by Hal LaPray (LaPray litigation). Compaq counterclaimed for a declaratory judgment that St. Paul had such a duty and for breach of contract damages and then moved for statutory damages under Texas law. The district court

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