PARISH v. HOWARD

No. 71-1384.

459 F.2d 616 (1972)

Havner H. PARISH, Jr., Appellant, v. Dwayne E. HOWARD, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1972.


Attorney(s) appearing for the Case

Richard G. Santi, Thoma, Schoenthal, Davis, Hockenberg & Wine, William J. Koehn, David J. Blair, Des Moines, Iowa, for appellant.

Robert R. Eidsmoe, Gleysteen, Nelson, Harper, Kunze & Eidsmoe, John W. Gleysteen, Sioux City, Iowa, for appellee.

Before BREITENSTEIN, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

This appeal involves a suit for damages for breach of a partnership agreement between two doctors. The plaintiff appeals the decision of the trial court rendering summary judgment against him. He contends (1) that the interpretation of the partnership agreement presented factual questions requiring a full trial, and (2) that the trial court improperly denied him effective discovery and oral argument before rendering summary judgment.

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