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LYDA SWINERTON BUILDERS, INC. v. OKLAHOMA SUR. CO.

No. 16-20195.

903 F.3d 435 (2018)

LYDA SWINERTON BUILDERS, INCORPORATED, Plaintiff-Appellee/Cross-Appellant v. OKLAHOMA SURETY COMPANY, Defendant-Appellant/Cross-Appellee

United States Court of Appeals, Fifth Circuit.

FILED August 29, 2018.

Attorney(s) appearing for the Case

Joseph L. Oliva , Morris, Charles L. Fanning, Esq. , Sullivan & Lemkul, San Diego, CA, John L. Grayson , Cokinos Young, Houston, TX, for Plaintiff-Appellee/Cross-Appellant.

Richard Brent Cooper, Esq. , Timothy Micah Dortch , Diana L. Faust , Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellant/Cross-Appellee.

Before DAVIS, GRAVES, and COSTA, Circuit Judges.

We withdraw our prior opinion, Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co., 877 F.3d 600 (5th Cir. 2017), and substitute the following in light of the Texas Supreme Court's opinion on rehearing in USAA Texas Lloyds Co. v. Menchaca, 545...

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