Mid-Continent Cslty v. Daneshjou Co Inc, et al, No. 06-50552 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2006 Charles R. Fulbruge III Clerk _______________________ No. 06-50552 Summary Calendar _______________________ MID-CONTINENT CASUALTY COMPANY, Plaintiff Counter Defendant Appellee, versus DANESHJOU COMPANY, INC.; ET AL, Defendants, DANESHJOU COMPANY, INC.; M. B. DANESHJOU, Defendants Counter Claimants Appellants. __________________________________________________________ Appeal from the United States District Court for the Western District of Texas (USDC No. 1:05 CV 182 SS) __________________________________________________________ Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Daneshjou Company Inc. and M.B. Daneshjou (collectively Daneshjou ) appeal the * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 district court s summary declaratory judgment that Mid-Continent Casualty Company owes Daneshjou no duty to defend or indemnify. We affirm for the reasons given by the district court in its very thorough discussion of the issue of manifestation and the evidence regarding the same. AFFIRMED. 2

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