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TOLBERT EX REL. TOLBERT v. NAT. UNION FIRE INS. CO. OF PITTSBURGH

No. 09-10730.

657 F.3d 262 (2011)

Tommy TOLBERT, Ph. D., By and through his next friend Helen TOLBERT, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; AIG Claims Services, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 2011.

Attorney(s) appearing for the Case

James Leroy Johnson (argued), Johnson Law Firm, Dallas, TX, for Plaintiff-Appellant.

Wade Crosnoe (argued), Thompson, Coe, Cousins & Irons, L.L.P., Austin, TX, Harrison Henry Yoss , Thompson, Coe, Cousins & Irons, L.L.P., Dallas, TX, for Defendant-Appellee.

Before REAVLEY, PRADO and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Tommy Tolbert appeals from the district court's grant of summary judgment to National Union Fire Insurance Company of Pittsburgh, Pennsylvania and AIG Claims Services Inc. (collectively, National Union) with respect to his claims under the Texas Insurance Code1 and the Texas Deceptive Trade Practices Act,2 asserting misrepresentation and unconscionability. The issues before us concern Description...

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