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CBX RESOURCES, L.L.C. v. ACE AMERICAN INS. CO.

No. 18-50740.

959 F.3d 175 (2020)

CBX RESOURCES, L.L.C., Plaintiff-Appellant, v. ACE AMERICAN INSURANCE COMPANY; ACE Property and Casualty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 12, 2020.

Attorney(s) appearing for the Case

Mark Anthony John Fassold , Trial Attorney, Travis Carey Headley , Watts Guerra, L.L.P., San Antonio, TX, for Plaintiff-Appellant.

Daniel McNeel Lane, Jr., Esq. , Norton Rose Fulbright US, L.L.P., San Antonio, TX, Allison Gold , Norton Rose Fulbright US, L.L.P., Washington, DC, for Defendants-Appellees.

Before BARKSDALE, STEWART, and COSTA, Circuit Judges.

Appellant finds itself in the so-called "finality trap." Williams v. Taylor Seidenbach, Inc., 958 F.3d 341, 343 (5th Cir. 2020) (en banc). After losing on its claim for a declaratory judgment that ACE American Insurance Company had a duty to defend, CBX Resources dismissed its Texas Insurance Code claims without...

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