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MURRAY v. FIDELITY NAT. FINANCIAL, INC.

No. 09-50157.

594 F.3d 419 (2010)

Wesley MURRAY; Kelly Renee Murray, Plaintiffs-Appellants, v. FIDELITY NATIONAL FINANCIAL, INC.; Fidelity National Title Group; Chicago Title Insurance Company; Ticor Title Insurance Company; Chicago Title Insurance Group; Fidelity National Title Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 2010.

Attorney(s) appearing for the Case

Austin P. Tighe, Jr. (argued), Feazell & Tighe, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Dennis Robert Rose (argued), Steven Avery Goldfarb, Aubrie Ann Knight Wancata, Andrew S. Pollis, Hahn Loeser, Cleveland, OH, Stephen P. Allison, Haynes & Boone, L.L.P., San Antonio, TX, for Defendants-Appellees.

Before KING, GARZA and HAYNES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This appeal from a dismissal in which the district court held that the Murrays' claims were moot before they became named plaintiffs invites us to extend our reasoning in Zeidman to plaintiffs added through amendment. For the following reasons, we decline to do so.

I

Appellants Wesley Murray and Kelly Renee Murray (the "Murrays") were not parties to the instant suit when it was filed. The suit began when Rosa...

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