NAT. HYGIENICS, INC v. SOUTHERN FARM BUR. LIFE

No. 82-4157.

707 F.2d 183 (1983)

NATIONAL HYGIENICS, INC., Plaintiff-Appellant, v. SOUTHERN FARM BUREAU LIFE INSURANCE CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 1983.


Attorney(s) appearing for the Case

Betty A. Morgan, Robert H. Weaver, Jackson, Miss., for plaintiff-appellant.

James B. Persons, Biloxi, Miss., Stanford E. Morse, Jr., Gulfport, Miss., William C. Walker, Jr., Univ. of Miss. Law Center, University, Miss., for defendants-appellees.

Before RANDALL and HIGGINBOTHAM, Circuit Judges, and McDONALD, District Judge.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal is from a summary judgment in a diversity case granted by a magistrate. Finding a genuine issue of material fact we reverse and remand for trial.

In 1971 a group of doctors in Biloxi, Mississippi established Coastal Professional Association. Members of that group also established Gulf Limited Partnership to operate a clinic in Biloxi for the practice of Coastal's doctors. Most partners in Gulf were shareholders...

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