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EVANSTON INS. CO. v. TONMAR, L.P.

Civil Action No. 3:09-CV-0894-D.

669 F.Supp.2d 725 (2009)

EVANSTON INSURANCE COMPANY, Plaintiff, v. TONMAR, L.P., et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

November 5, 2009.

Attorney(s) appearing for the Case

Joseph A. Ziemianski, Bryan P. Vezey, Cozen O'Connor, Houston, TX, Kendall Kelly Hayden, Cozen O'Connor, Dallas, TX, for Plaintiff.

Emil Lippe, Jr., Law Offices of Lippe & Associates, Dallas, TX, Jerry Ware, Law Office of Jerry Ware, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

In this insurance coverage dispute, the court must decide whether it has subject matter jurisdiction and, if so, whether it should abstain under Brillhart v. Excess Insurance Co. of America, 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), from adjudicating an insurer's declaratory judgment action. The court must also decide whether the insurer...

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