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MARTCO LTD. PARTNERSHIP v. WELLONS, INC.

Nos. 08-31247, 08-31248.

588 F.3d 864 (2009)

MARTCO LIMITED PARTNERSHIP, Plaintiff, v. WELLONS, INC., doing business as Wellons USA, Defendant-Cross Claimant-Appellant, v. Admiral Insurance Company, Defendant-Cross Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2009.

Attorney(s) appearing for the Case

David Ross Frohn (argued), Frohn & Thibodeaux, Lake Charles, LA, for Wellons, Inc.

Michael J. Vondenstein, David Charles Bach, Joseph Leroy Spilman, III (argued), Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Admiral Ins. Co.

Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

This matter comes before us as a single case consolidated from appeals No. 08-31247 and No. 08-31248. Both appeals arise from the same underlying case and center on essentially the same concerns. Accordingly, we address them together. In No.08-31247, Wellons Inc. ("Wellons") appeals the district court's determination that Wellons failed to carry its burden of establishing Admiral Insurance Company's ("Admiral") duty to defend Wellons under its...

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