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TERRELL v. DeCONNA

No. 88-4445.

877 F.2d 1267 (1989)

Myrtis Faye TERRELL, Plaintiff-Appellant, v. Raymond J. DeCONNA and DeConna Ice Cream Company, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 27, 1989.

Attorney(s) appearing for the Case

C.R. McRae, Margaret P. Ellis, Pascagoula, Miss., for plaintiff-appellant.

W. Lee Watt, Raymond L. Brown, U.S. Fidelity and Guar. Co., Pascagoula, Miss., Victoria Jenkins, Fred Mannino, Biloxi, Miss., for defendants-appellees.

Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Myrtis Faye Terrell sued Raymond DeConna and the DeConna Ice Cream Co. in an effort to recover under a Mississippi state law loss of consortium theory for injuries to her husband. She also sued United States Fidelity & Guaranty Co., seeking a declaration as to the insurance coverage applicable to DeConna and the ice cream company. The district court held that, under federal rules of issue preclusion, an earlier judgment...

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