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BRANDER v. NABORS

No. 78-1275. Summary Calendar.

579 F.2d 888 (1978)

Francis Everett BRANDER, Individually and on behalf of all those underwriters at Lloyd's subscribing to Policy # 24563, Plaintiff-Appellee, v. Thomas Jackson NABORS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 1978.

Attorney(s) appearing for the Case

William S. Lawson, Tupelo, Miss., Luke M. Dove, Jr., Jackson, Miss., for defendant-appellant.

Baine, Moore, Simmons & Thompson, Louis G. Baine, Jr., Clifford C. Thompson, Jackson, Miss., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

The plaintiff, the assignee of its judgment debtor's rights under a medical malpractice insurance policy, contends that the notice provisions1 of that policy create an ambiguity as to the nature of coverage afforded and, in any event, contravene public policy. Although the trial court did not expressly deal with these arguments, it did hold that the time restrictions in the policy...

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