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ELLIS v. TRUSTMARK BUILDERS, INC.

No. 09-60917.

625 F.3d 222 (2010)

Robert J. ELLIS, Plaintiff-Appellant, Liberty Mutual Insurance Company, Movant-Appellant, v. TRUSTMARK BUILDERS, INC.; Scotty Jones, Individually and as Employee/Agent of Landings Associates, Ltd., The Mitchell Company, and Trustmark Builders, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 29, 2010.

Attorney(s) appearing for the Case

Timothy Charles Holleman (argued), David Jeffrey White , Boyce Holleman & Associates, Gulfport, MS, for Plaintiff-Appellant.

Nathan Lewis Burrow , John Stanford Gonzalez , Celestial Reep Oglesby , Daniel, Coker, Horton & Bell, P.A., Gulfport, MS, for Movant-Appellant.

Orlando Rodriguez Richmond, Sr. (argued), Chynee A. Bailey , Butler, Snow, O'Mara, Stevens & Cannada, P.L.C., Ridgeland, MS, for Defendants-Appellees.

Before DAVIS, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Robert J. Ellis was injured in Mississippi while working on a construction site for an Alabama employer who was a subcontractor for Defendant-Appellee Trustmark Builders, Inc. ("Trustmark"). Ellis recovered workers compensation benefits from the State of Alabama under his employer's policy, which included coverage of work sites in Mississippi. Ellis then filed this tort action against Defendants-Appellees for damages. The...

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