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BURNS v. TRAVELERS INSURANCE COMPANY

No. 21160.

344 F.2d 70 (1965)

William N. BURNS and Liberty Universal Insurance Company, Appellants, v. TRAVELERS INSURANCE COMPANY and Michigan Mutual Liability Company, Appellees.

United States Court of Appeals Fifth Circuit.

April 7, 1965.

Attorney(s) appearing for the Case

Breard Snellings, Curtis R. Boisfontaine, New Orleans, La., for appellants.

Henry B. Alsobrook, Jr., Adams & Reese, W. Ford Reese, Thomas J. Wyllie, New Orleans, La., for appellee Michigan Mut. Liability Co.

John V. Baus, John J. Weigel, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for appellee Travelers Ins. Co.

Before WISDOM and GEWIN, Circuit Judges, and BOOTLE, District Judge.

BOOTLE, District Judge:

This is a suit to recover for personal injuries and is founded in simple negligence, not malpractice.1 The appellants William N. Burns and Liberty Universal Insurance Company, his employer's subrogated workmen's compensation carrier, brought this action against Michigan Mutual Liability Insurance Company and Travelers Insurance Company (appellees), the liability insurers of Hotel Dieu Hospital and Dr. John Nabos...

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