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BERGER v. NORTH AM. CO. FOR LIFE AND HEALTH INS.

No. 81-7968 Non-Argument Calendar.

694 F.2d 233 (1982)

Merton B. BERGER, M.D., Plaintiff-Appellant, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 20, 1982.

Attorney(s) appearing for the Case

Michael A. Kessler, Atlanta, Ga., for plaintiff-appellant.

Matthew H. Patton, Kilpatrick & Cody, Everette L. Doffermyre, Jr., Freeman & Hawkins, A. Timothy Jones, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT, JOHNSON and HATCHETT, Circuit Judges.

PER CURIAM:

Merton B. Berger, M.D., appeals from the grant of summary judgment to defendant, North American Company for Life and Health Insurance ("North American"). Dr. Berger brought suit against North American for malicious use of process in bringing a prior action against him. The district court, in this diversity case, entered summary judgment for North American because Dr. Berger failed to establish lack of probable cause, one of the elements necessary to recover...

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