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EVANSTON INS. CO. v. LEGACY OF LIFE, INC.

No. 10-50267.

645 F.3d 739 (2011)

EVANSTON INSURANCE CO., Plaintiff-Appellant/Cross-Appellee, v. LEGACY OF LIFE, INC., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

June 30, 2011.

Attorney(s) appearing for the Case

Marc J. Wojciechowski , (argued), Wojciechowski & Associates, P.C., Spring, TX, for Plaintiff-Appellant Cross-Appellee.

John C. Cave , Miguel Villarreal, Jr. , (argued), Gunn, Lee & Cave, P.C., San Antonio, TX, for Defendant-Appellee Cross-Appellant.

Before GARWOOD, ELROD and SOUTHWICK, Circuit Judges.

PER CURIAM:

This Texas law diversity case involves important and determinative questions of Texas law as to which there is no controlling Texas Supreme Court precedent. Accordingly, we certify those unresolved questions to the Supreme Court of Texas.

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO THE TEXAS CONSTITUTION ART. 5, § 3-C AND TEXAS RULE OF APPELLATE PROCEDURE 58.1.

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