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KAISER FOUNDATION HEALTH PLAN v. CLARY & MOORE

No. 96-1818.

123 F.3d 201 (1997)

KAISER FOUNDATION HEALTH PLAN OF THE MID-ATLANTIC STATES, Plaintiff-Appellant, v. CLARY & MOORE, P.C.; Matthew A. Clary, III, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1997.

Attorney(s) appearing for the Case

ARGUED: Gary Miller Zinkgraf, Foley & Lardner, Washington, DC, for Appellant. Judith Lynne Wheat, Cacheris & Treanor, Washington, DC, for Appellees. ON BRIEF: Paul R. Monsees, Alan D. Rutenberg, Foley & Lardner, Washington, DC, for Appellant. Gerard Treanor, Cacheris & Treanor, Washington, DC, for Appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed by published opinion. Judge ERVIN wrote the opinion, in which Judge HALL and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge:

Kaiser Foundation sued Clary & Moore, a law firm, and Matthew Clary, III, in an effort to obtain payment of a judgment which Kaiser had secured against Clary, Lawrence, Lickstein & Moore ("Clary, Lawrence"), Clary & Moore's corporate predecessor. Kaiser raised three claims at the bench trial...

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