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CONTINENTAL SERVICE LIFE & HEALTH INS. v. GRANTHAM

No. 86-3223.

811 F.2d 273 (1987)

CONTINENTAL SERVICE LIFE AND HEALTH INSURANCE COMPANY, Plaintiff-Appellee, v. Robert GRANTHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1987.

Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, La., for defendant-appellant.

June E. Denlinger, Baton Rouge, La., Crowell & Owens, William B. Owens, Alexandria, La., Nordyke & Denlinger, Keith B. Nordyke, Baton Rouge, La., for plaintiff-appellee.

Before THORNBERRY, DAVIS and HILL, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Continental Service Life and Health Insurance Company (CSL) sued to recoup a brokerage or finder's fee it paid to appellant Grantham and the district court rendered judgment in favor of CSL. Because CSL did not establish that it made the payment to Grantham by mistake, we reverse.

I.

Robert Grantham has worked for twenty-three years as a broker or middleman assisting his customers either to buy or sell insurance companies...

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