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MARSH INV. CORP. v. LANGFORD

No. 80-3608.

652 F.2d 583 (1981)

MARSH INVESTMENT CORPORATION, Plaintiff-Appellee, v. John LANGFORD, Defendant. PONTCHARTRAIN STATE BANK, Defendant-Appellant, v. William M. JUSTICE, Clerk of Court, Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

August 6, 1981.

Attorney(s) appearing for the Case

Robert C. Lowe, Annabelle H. Walker, Max Nathan, Jr., New Orleans, La., for defendant-appellant.

Steeg & O'Connor, Robert M. Steeg, Moise S. Steeg, Jr., New Orleans, La., for Marsh Inv. Corp.

Matt J. Farley, New Orleans, La., for Underwriters.

Before CHARLES CLARK, TATE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

The summary judgment in favor of the Marsh Investment Corporation is AFFIRMED on the basis of the district court's memorandum opinion, 490 F.Supp. 1320, entered June 3, 1980, United States District Court, Eastern District of Louisiana, Civil Action No. 79-2020, Section "E".

The district court correctly concluded that the Pontchartrain State Bank's third-party demand against the underwriters was a "separate...

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