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GERTNER v. HOSPITAL AFFILIATES INTERN., INC.

No. 77-2293.

602 F.2d 685 (1979)

Gilbert GERTNER, Plaintiff-Appellant, v. HOSPITAL AFFILIATES INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 10, 1979.

Attorney(s) appearing for the Case

J. Eugene Clements, Richard L. Symonds, Houston, Tex., for plaintiff-appellant.

Max Hendrick III, Houston, Tex., for defendant-appellee.

Before WISDOM, CLARK and GEE, Circuit Judges.

CHARLES CLARK, Circuit Judge:

Plaintiff Gilbert Gertner instituted this diversity action against Hospital Affiliates International, Inc. (HAI) for violating an oral joint venture agreement which allegedly provided for their joint acquisition of Shoal Creek Hospital. Upon depositions submitted by both parties, the district court granted summary judgment for the defendant. We reverse and remand.

According to the depositions of Gertner and his comptroller, John...

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