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NORTH AMERICAN CO. FOR LIFE & HEALTH INSURANCE v. BERGER

No. 79-3541.

648 F.2d 305 (1981)

NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Plaintiff-Appellant, v. Merton B. BERGER et al., Defendants, Merton B. Berger, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied August 10, 1981.

Attorney(s) appearing for the Case

Everette L. Doffermyre and Matthew H. Patton, Kilpatrick & Cody, Atlanta, Ga., for plaintiff-appellant.

Robert G. Tanner, Sidney F. Wheeler, Atlanta, Ga., for Berger.

Before KRAVITCH and THOMAS A. CLARK, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied August 10, 1981.

LYNNE, District Judge:

This appeal focuses on the age-old requirement of privity of contract between the parties in an action for the negligent performance of a duty. Appellee Berger was a practicing psychiatrist in the Atlanta area from 1968 through 1977. In his capacity as psychiatric consultant to the Federal Aviation Administration he diagnosed as totally disabled approximately 154 air traffic controllers...

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