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SMITH v. AMERICAN MEDICAL SYSTEMS, INC.

No. 88-5527.

876 F.2d 434 (1989)

Andrew C. SMITH, Plaintiff, v. AMERICAN MEDICAL SYSTEMS, INC., Defendant-Appellee, v. HUMANA HOSPITAL CORPORATION, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 1989.

Attorney(s) appearing for the Case

Richard Francis, Jerry A. Gibson, and Plunkett, Gibson & Allen, San Antonio, Tex., for defendant-appellant.

John Milano, Jr. and Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, Tex., for defendant-appellee.

Before WILLIAMS and GARWOOD, Circuit Judges, and POLOZOLA, District Judge.

POLOZOLA, District Judge:

Humana Hospital Corporation, Inc. appeals a decision of the district court which denied its motion for indemnity for attorney's fees from American Medical Systems, Inc. following an out-of-court settlement between the plaintiff and American Medical Systems, Inc. on plaintiff's damage claim against American Medical Systems, Inc. and Humana Hospital Corporation, Inc.

It appears to the United States Court of Appeals for the Fifth Circuit...

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