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VOUGHT AIRCRAFT IND. v. FALVEY CARGO UNDERWRITING

Civil Action No. 3:08-CV-0727-D.

729 F.Supp.2d 814 (2010)

VOUGHT AIRCRAFT INDUSTRIES, INC., Plaintiff, v. FALVEY CARGO UNDERWRITING, LTD., et al., Defendants.

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

June 25, 2010.

Attorney(s) appearing for the Case

Lisa Staler Gallerano, Joseph Carl Cecere, Jr., M. Scott Barnard, Akin Gump Strauss Hauer & Feld, Dallas, TX, for Plaintiff.

Kevin P. Walters, Dimitri P. Georgantas, Chaffe McCall LLP, Houston, TX, Arthur K. Smith, Law Offices of Arthur K. Smith, Allen, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

The parties' cross-motions for summary judgment present questions concerning the interpretation of a marine cargo insurance policy, the insurer's liability for its handling of the insured's claim, and the validity of related common law claims. The court must also address questions concerning the admissibility of certain summary judgment evidence and the availability of an affirmative defense...

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