WARDE v. KAISER

No. 87-6169.

887 F.2d 97 (1989)

William A. WARDE, Plaintiff-Appellant, v. Kermit KAISER, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 6, 1989.


Attorney(s) appearing for the Case

Ira M. Thomas, Al Thomas, argued, Thomas and Thomas, Memphis, Tenn., for plaintiff-appellant.

Dewitt W. Shy, Jr., argued, Nathan A. Bicks, Memphis, Tenn., for defendants-appellees.

Before KENNEDY and NELSON, Circuit Judges, and WILHOIT, District Judge.


DAVID A. NELSON, Circuit Judge.

This is a diversity case, governed by Tennessee law, in which the plaintiff's complaint was framed on the theory that the defendants had wrongfully induced the "breach" of certain insurance contracts. No breach of contract had in fact occurred, as the plaintiff admitted in deposition testimony, and the district court granted summary judgment for the defendant on that basis.

After filing a notice of appeal, the plaintiff moved...

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