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NORTHWINDS ABATEMENT, INC. v. EMPLOYERS INS.

No. 00-20380.

258 F.3d 345 (2001)

NORTHWINDS ABATEMENT, INC., Plaintiff-Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised July 27, 2001.

Attorney(s) appearing for the Case

Andrew Jan Mytelka (argued), Steven Carl Windsor, Greer, Herz & Adams, Galveston, TX, for Plaintiff-Appellee.

Michael Phillips (argued), Evelyn Ailts Derrington, Neal David Kieval, Phillips & Akers, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, REAVLEY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In the second appearance of this case before us on appeal, Employers Insurance of Wausau ("Wausau") appeals a jury verdict in favor of Northwinds Abatement, Inc. ("Northwinds") and the resulting judgment of nearly $1.1 million, including actual and treble damages, attorney's fees, interest and costs. Wausau asserts that, as a servicing company, it was an agent of the Texas Workers' Compensation...

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