FIRE PROTECTION v. SURVITEC SURVIVAL PRODUCTS

No. 21-20145.

18 F.4th 802 (2021)

FIRE PROTECTION SERVICE, INCORPORATED, Plaintiff-Appellant, v. SURVITEC SURVIVAL PRODUCTS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 22, 2021.


Attorney(s) appearing for the Case

Wallace Bernard Jefferson , Nicholas Barrows Bacarisse , Melanie Dawn Plowman , Alexander Dubose & Jefferson, L.L.P., Austin, TX, William Scott Matney , Houston, TX, for Plaintiff-Appellant.

Jeremy Gaston , Hawash Cicack & Gaston, L.L.P., Peter Alexander McLauchlan , Attorney, McLauchlan Law Group, P.L.L.C., Houston, TX, for Defendant-Appellee.

Before ELROD, OLDHAM, and WILSON, Circuit Judges.


Fire Protection Service, Inc. filed an unopposed motion to certify a state-law question to the Supreme Court of Texas. Because this case presents a determinative and novel question of Texas law, we GRANT the motion and certify the question.

I.

The facts of this case are fairly straightforward...

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