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XL INSURANCE AMERICA, INC. v. TURN SERVICES

No. 21-30520.

37 F.4th 204 (2022)

XL INSURANCE AMERICA, INCORPORATED, as Subrogee of Boh Bros. Construction Company, L.L.C., Plaintiff-Appellant, v. TURN SERVICES, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 10, 2022.

Attorney(s) appearing for the Case

George A. McMullin , Butler Weihmuller Katz Craig, L.L.P., Dallas, TX, Daniel J. Caruso , Charles Edward Riley, IV, Esq. , Simon, Peragine, Smith & Redfearn, L.L.P., New Orleans, LA, for Plaintiff-Appellant.

Michael Anthony McGlone, Esq. , Richard Chauvin Kean , Kean Miller, L.L.P., New Orleans, LA, for Defendant-Appellee.

Before Smith, Wiener, and Southwick, Circuit Judges.

Plaintiff-Appellant XL Insurance America, Inc. ("XL"), as subrogee of Boh Bros. Construction Co., L.L.C. ("Boh Bros."), challenges the district court's summary judgment in favor of Defendant-Appellee Turn Services, L.L.C. ("Turn").

For nearly a century, Robins Dry Dock & Repair Co. v. Flint,...

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