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LEXINGTON INS. CO. v. S.H.R.M. CATERING SERVICES, INC.

No. 08-40322.

567 F.3d 182 (2009)

LEXINGTON INSURANCE COMPANY, As Assignee of Ann M. Wells, Plaintiff-Appellant, v. S.H.R.M. CATERING SERVICES, INC., a/k/a Eurest Support Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 4, 2009.

Attorney(s) appearing for the Case

Kenneth G. Engerrand (argued), Kenneth Richard Baird, Michael D. Williams, BrownSims, Houston, TX, for Plaintiff-Appellant.

Matthew H. Ammerman (argued), Ryan Matthew Perdue, Fitzhugh, Elliott & Ammerman, Houston, TX, for Defendant-Appellee.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant, Lexington Insurance Company (Lexington), as assignee of Ann Wells (Wells), sued Defendant-appellee, S.H.R.M. Catering Services, Inc., a/k/a Eurest Support Services (Eurest), based upon injuries Wells sustained while employed by Eurest. Eurest filed a Rule 12(b)(6) motion to dismiss the suit, arguing that the assignment was invalid. The district court granted the motion and dismissed Lexington's claim. Lexington now appeals...

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