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AIU INS. CO. v. MALLAY CORP.

Civil Action No. G-95-485.

938 F.Supp. 407 (1996)

AIU INSURANCE COMPANY v. MALLAY CORPORATION.

United States District Court, S.D. Texas, Galveston Division.

October 3, 1996.

Attorney(s) appearing for the Case

Rand Patrick Nolen, Tucker Hendryx et al., Houston, TX, for AIU Insurance Company, plaintiff.

Robert L. Ketchand, Short & Ketchand, Houston, TX, for Mallay Corporation, defendant.

Nicholas J. Lanza, Bush & McCaffrey, Houston, TX, for Bowen, Miclette, Descant & Britt, Incorporated, third-party defendant.

ORDER

KENT, District Judge.

This is a declaratory judgment action in which Plaintiff AIU Insurance Company ("AIU") seeks the declaration of its duties and obligations to Defendant Mallay Corporation ("Mallay") pursuant to an insurance contract entered into by both parties. Now before the Court is Plaintiffs Motion for Summary Judgment of April 4, 1996 and Defendant's Motion for Partial Summary Judgment of the same date. For the reasons stated below...

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