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MID-SOUTH TOWING CO. v. HAR-WIN, INC.

No. 82-3680.

733 F.2d 386 (1984)

MID-SOUTH TOWING COMPANY, Plaintiff-Appellee, v. HAR-WIN, INC., et al., Defendants-Appellees, v. OKC CORPORATION LIQUIDATING TRUST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 1984.

Attorney(s) appearing for the Case

Charles L. Stern, Jr., Phillip A. Wittmann, New Orleans, La., for defendant-appellant.

Robert I. Siegel, Donald A. Hoffman, James R. Holmes, New Orleans, La., for Har-Win, Inc.

J. Kelly Duncan, New Orleans, La., for Mid-South Tow.

Before BROWN, THORNBERRY and TATE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This is an appeal from the District Court's enforcement by summary judgment of an agreement to settle a case pending before the Court. The defendant OKC contends that the agreement was invalid for two reasons: (1) OKC's attorney, although believing he had authority to settle the case, actually did not have authority, and (2) even if counsel had authority, the settlement was based on a mistake by OKC regarding the existence of certain...

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