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MID-CONTINENT CAS. CO. v. DAVIS

No. 11-10142.

683 F.3d 651 (2012)

MID-CONTINENT CASUALTY CO., Plaintiff-Appellant, v. Roger DAVIS d/b/a Davis Construction, Defendant-Appellee, Gloria Serrato, Individually and as personal representative of the Estate of Jorge Serrato; et al., Intervenors-Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 8, 2012.

Attorney(s) appearing for the Case

Richard Brent Cooper (argued), Diana L. Faust , Michelle Elaine Robberson , Cooper & Scully, P.C., Dallas, TX, for Plaintiff-Appellant.

Charles Clayton Miller, III , Lawrence Ray Lassiter (argued), Miller Weisbrod, L.L.P., Dallas, TX, for Intervenors-Defendants-Appellees.

Before GARZA, DENNIS and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Appellant Mid-Continent Casualty Company ("Mid-Continent") appeals the district court's final judgment that Mid-Continent has a duty to indemnify Davis Construction in the underlying wrongful death action brought by the family of decedent Jorge Serrato ("Serrato"). We AFFIRM the district court's ruling, finding that the district court did not abuse its discretion in determining that Serrato was an independent contractor and not an employee...

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