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INSURANCE COMPANY OF NORTH AMERICA v. PRIETO

No. 20799.

442 F.2d 1033 (1971)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. Dr. Luis C. PRIETO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 4, 1971.

Attorney(s) appearing for the Case

Newton P. Allen and T. Frank Jackson, III, Memphis, Tenn., for appellant; Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Emmett W. Braden, Memphis, Tenn., on brief.

Robert M. Johnson, Memphis, Tenn., for appellee; Cooper Turner, Memphis, Tenn., on brief; Canada, Russell & Turner, Memphis, Tenn., of counsel.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Larry Gault, not a party to this case, recovered a judgment of $162,500 against a hospital for personal injuries suffered by him while he was a patient therein. The judgment was affirmed by this Court. Gault v. Poor Sisters of St. Frances Seraph of Perp. Ador., 375 F.2d 539. Having satisfied the judgment, plaintiff-appellant, the insurer of the hospital, brought this action seeking indemnity from Dr. Luis C. Prieto, the...

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