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MARYLAND CAS. CO. v. ACCEPTANCE INDEM. INS. CO.

No. 10-50283.

639 F.3d 701 (2011)

MARYLAND CASUALTY COMPANY, Plaintiff-Appellee, v. ACCEPTANCE INDEMNITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 2011.

Attorney(s) appearing for the Case

Ellen Mary Van Meir (argued), Eric Kent Bowers, Thompson, Coe, Cousins & Irons, L.L.P., Dallas, TX, for Plaintiff-Appellee.

George T. Jackson (argued), Burck, Lapidus & Jackson, Houston, TX, for Defendant-Appellant.

Before KING, DAVIS and SOUTHWICK, Circuit Judges.

KING, Circuit Judge:

Appellant Acceptance Indemnity Insurance Company filed a motion for panel rehearing in this case. The motion is granted. The prior opinion issued on March 24, 2011, Maryland Casualty Co. v. Acceptance Indemnity Insurance Co., 2011 WL 1049537 (5th Cir.2011), is withdrawn and the following opinion is substituted in its place. No member of the panel nor judge in regular active service on the court having requested that the court be polled...

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