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LIBERTY MUTUAL FIRE INS. v. FOWLKES PLUMBING

No. 18-60608.

934 F.3d 424 (2019)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, as subrogee of Chickasaw County School District, Plaintiff-Appellee v. FOWLKES PLUMBING, L.L.C.; Sullivan Enterprises, Incorporated; Quality Heat; Air, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 12, 2019.

Attorney(s) appearing for the Case

Albert Sanford Nalibotsky, Esq. , Jay Mark Goldstein , Saltz Matkov, P.C., Charlotte, NC, Lana E. Gillon , Wells, Marble & Hurst, P.L.L.C., Jackson, MS, for Plaintiff-Appellee.

Richard Thurman Lawrence, Esq. , Watkins & Eager, P.L.L.C., Jackson, MS, for Defendant-Appellant FOWLKES PLUMBING, L.L.C.

Brian A. Hinton , Attorney, Thomas McIlwain Wright, Jr., Esq. , Anderson, Crawley & Burke, P.L.L.C., Ridgeland, MS, Samuel Clayton Kelly, Sr., Esq. , Attorney, Brunini, Grantham, Grower & Hewes, P.L.L.C., Jackson, MS, for Defendant-Appellant SULLIVAN ENTERPRISES, INCORPORATED.

Steven Cavitt Cookston, Esq. , Marc A. Biggers, Esq. , Upshaw Williams Biggers & Beckham, L.L.P., Greenwood, MS, for Defendant-Appellant QUALITY HEAT & AIR, INCORPORATED.

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.

We allowed this interlocutory appeal that asks how the Supreme Court of Mississippi would interpret the subrogation waiver in a common form contracting agreement. The question has split courts nationwide. Because of the closeness and importance of this question, we certify again, this time to the state supreme court so that it can answer the...

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