Kickham Group Inc v. Amer Natl Fire Ins

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 23, 1999
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-11196
Summary Calendar
_____________________
KICKHAM GROUP INCORPORATED, doing business as Conway Oil,
Plaintiff-Appellant,
versus
AMERICAN NATIONAL FIRE INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(3:96-CV-1823-D)
_________________________________________________________________
February 23, 1999
Before KING, Chief Judge, BARKSDALE and STEWART, Circuit Judges.
PER CURIAM:*
Kickham Group appeals the district court’s grant of summary
judgment in this diversity action for indemnification under an
insurance policy. But, subsequent to that judgment being rendered,
Kickham Group’s underlying liability for slander of title was
overturned by the Texas Court of Appeals, which rendered a take-
nothing judgment on that issue. See Hill v. Heritage Resources,
Inc., 964 S.W.2d 89, 127-28, 144 (Tex.App.-El Paso Dec. 31, 1997),
rehearing overruled (Feb. 18, 1998), review denied (Oct. 01, 1998),

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rehearing of petition for review overruled (Dec. 03, 1998).
Accordingly, the appeal is
DISMISSED AS MOOT.

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