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NEW ENGLAND INS. CO. v. BARNETT

No. 07-31146.

561 F.3d 392 (2009)

NEW ENGLAND INSURANCE CO., Plaintiff-Appellant, v. Richard D. BARNETT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 25, 2009.

Attorney(s) appearing for the Case

Ralph S. Hubbard, III (argued) and Tina Louise Kappen, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, James J. Hautot, Jr., Judice & Adley, Lafayette, LA, for Plaintiff-Appellant.

Warren D. Rush (argued), Rush, Rush & Calogero, Lafayette, LA, for Defendant-Appellee.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant New England Insurance Co. (New England) appeals the district court's order staying New England's declaratory judgment action. For the foregoing reasons, we vacate the district court's stay and remand for reconsideration under the appropriate standard.

I. Facts and Proceedings

Defendant-Appellee Richard Barnett (Barnett) entered into a transaction with his business partner and attorney Ernest Parker (Parker)...

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