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  5. 139 F.Supp.2d 827 (2001)
 

NATIONAL UNION FIRE INS. CO. OF PITTS. v. WILLIS

No. CIV. A. H-00-4205.

139 F.Supp.2d 827 (2001)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Plaintiff, v. Mark A. WILLIS, Defendant. Equalnet Communications Corporation F/K/A Equalnet Holding Corporation, Plaintiff in Intervention, v. National Union Fire Insurance Company Of Pittsburgh, Pa., Defendant in Intervention.

United States District Court, S.D. Texas.

April 24, 2001.

Attorney(s) appearing for the Case

Jeffrey Roger Parsons, Beirne Maynard & Parsons, Houston, David A Clark, Beirne Maynard & Parsons, Houston, TX, for National Union Fire Insurance Company of Pittsburgh PA, plaintiffs.

James Harrison Miller, Attorney at Law, Houston, TX, for Equalnet Communications Corp, intervenor-plaintiffs.

John Zavitsanos, Ahmad & Zavitsanos, Houston, TX, for Mark A Willis, defendants.

Jeffrey Roger Parsons, Beirne Maynard & Parsons, David A Clark, Beirne Maynard & Parsons, Houston, for National Union Fire Insurance Company of Pittsburgh PA, intervenor-defendants.

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

Pending before the court are National Union Fire Insurance Company of Pittsburgh, Pennsylvania's ("National Union") Motion to Dismiss Counterclaim under Rule 12(b)(6)(# 9), National Union's Motion for Judgment on the Pleadings (# 10), and Mark A. Willis's ("Willis") Cross-Motion for Partial Summary Judgment (# 26). Having reviewed the pending motions, the submissions of the parties, the pleadings...

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