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TRAVELERS INDEM. CO. v. MITCHELL

No. 17-60291.

925 F.3d 236 (2019)

The TRAVELERS INDEMNITY COMPANY; The Travelers Indemnity Company of America; United States Fidelity and Guaranty Company; St. Paul Fire; Marine Insurance Company, Plaintiffs-Appellants v. Ethel MITCHELL, Executrix of the Estate of Phillip Bivens; The Estate of Larry Ruffin; The Estate of Bobby Ray Dixon; Laturas Smith; Carrie Strong, Defendants-Counter Plaintiffs-Counter Defendants-Appellees v. Scottsdale Insurance Company Counter Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED May 29, 2019.

Attorney(s) appearing for the Case

Dennis Michael Dolan , Litchfield Cavo, L.L.P., Chicago, IL, for Plaintiffs-Appellants.

John Donelson Brady, Esq. , Mitchell McNutt & Sams, Columbus, MS, Patrick Benjamin Omilian , Counsel, Goldberg Segalla, L.L.P., Buffalo, NY, Colin Brian Willmott , Goldberg Segalla, L.L.P., Chicago, IL, for Counter Defendant-Appellant.

William G. Beck , Counsel, Michael Jay Abrams , Alexander Thomas Brown, Lathrop & Gage, L.L.P., Kansas City, MO, Anna Benvenutti Hoffmann, Esq. , Neufeld, Scheck & Brustin, L.L.P., New York, NY, Defendants-Counter Plaintiffs-Appellees.

Before HIGGINBOTHAM, SOUTHWICK and COSTA, Circuit Judges.

Phillip Bivens, Bobby Ray Dixon, and Larry Ruffin spent a collective 83 years in prison for the rape and murder of a woman in Forrest County, Mississippi. Their confessions were coerced and evidence against them fabricated. They were innocent.

By the time DNA evidence exonerated them, Ruffin had died in prison...

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