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PRINCETON EXCESS AND SURPLUS LINES v. A.H.D. HOUSTON

No. 22-20473.

84 F.4th 274 (2023)

The PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY, Plaintiff-Appellant, v. A.H.D. HOUSTON, INCORPORATED, doing business as Centerfolds; D WG FM, Incorporated, doing business as Splendor; D. Texas Investments, Incorporated, doing business as Treasures; A.H.D. Houston, Incorporated, doing business as Treasures; W.L. York, Incorporated, doing business as Treasures; Jaime Middleton; Cora Skinner; Jamillette Gaxiola; Jennifer Xzharinova; Jessica Hinton; Lina Posada; Lucy Pinder; Paola Canas; Sandra Valencia; Tiffany Toth; Cielo Jean Gibson; Maysa Qui; Elizabeth Turner; Emily Sears; Gemma Lee Farrell; Jaclyn Swedberg, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 6, 2023.

Attorney(s) appearing for the Case

Sherman Vance Wittie, Esq. , Counsel (argued), Faegre, Drinker, Biddle & Reath, L.L.P., Dallas, TX, for Plaintiff-Appellant.

William King (argued), McDowell Hetherington, L.L.P., Houston, TX, Casey T. Wallace , Wallace & Allen, L.L.P., Houston, TX, for Defendants-Appellees D WG FM, Incorporated, doing business as Splendor, D. Texas Investments, Incorporated, doing business as Treasures, A.H.D. Houston, Incorporated, doing business as Centerfolds, A.H.D. Houston, Incorporated, doing business as Treasures, W.L. York, Incorporated, doing business as Treasures.

Dennis Curt Postiglione, Esq. , Attorney, The Casas Law Firm, PC, Austin, TX, Teresa Bohne (argued), Coppell, TX, Joseph N. Cases , Casas Law Firm, P.C., Helotes, TX, for Defendants-Appellees Paola Canes, Jaime Middleton, Cora Skinner, Jamillette Gaxiola, Jennifer Xzharinova, Jessica Hinton, Lina Posada, Lucy Pinder, Sandra Valencia, Tiffany Toth, Cielo Jean Gibson, Maysa Qui, Elizabeth Turner, Emily Sears, Gemma Lee Farrell, Jaclyn Swedberg.

Before Elrod, Ho, and Wilson, Circuit Judges.

Because no member of the panel or judge in regular active service requested that the court be polled on rehearing en banc, see FED. R. APP. P. 35; 5TH CIR. R. 35, the petition for rehearing en banc is DENIED.

The petition for panel rehearing is GRANTED. Our prior panel opinion, 78 F.4th 815 (5th Cir...

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