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BIG TOWN NURSING HOMES, INC. v. RESERVE INSURANCE CO.

No. 73-1682.

492 F.2d 523 (1974)

BIG TOWN NURSING HOMES, INC., Plaintiff-Appellant, v. RESERVE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1974.

Attorney(s) appearing for the Case

Walter H. Mizell, Dallas, Tex., for plaintiff-appellant.

B. Thomas McElroy, Dallas, Tex., for defendant-appellee.

Before BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

Plaintiff-appellant, Big Town Nursing Homes, Inc. ("Nursing Home"), brought this diversity action against its insurer, Reserve Insurance Company ("Reserve"), in order to recover a sum alleged to be due under the malpractice endorsement of a general liability policy. The district court held for defendant on the ground that the actions giving rise to plaintiff's loss did not fall within the definition of malpractice under the applicable Texas...

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