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BROOKER v. BOUDREAUX

No. 89-321.

570 So.2d 456 (1990)

Brian BROOKER, Individually and as the Administrator of the Estates of Brooker Baby No. 1, and Brooker Baby No. 2; and Alice Steven Brooker, Plaintiffs-Appellees, v. Steven BOUDREAUX, M.D., et al Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

On Rehearing November 20, 1990.

Attorney(s) appearing for the Case

Fruge & DeJean, Kenneth DeJean, Lafayette, for plaintiffs-appellees.

Mathews, Atkinson, Guglielmo, Marks & Day, Glen S. Love, Baton Rouge, for defendant-appellant Hughes.

Pugh & Boudreaux, James R. Shelton, Lafayette, for defendant-appellant Boudreaux.

Gibbens & Blackwell, Dennis Stevens, New Iberia, for defendant-appellee Ins.

Before GUIDRY, STOKER and LABORDE, JJ.

LABORDE, Judge.

This is an appeal by defendant and third party plaintiff, Richard Hughes, M.D. from a district court judgment sustaining a motion for summary judgment filed by third party defendant, Mississippi Insurance Guaranty Association (MIGA). We reverse and remand this case to the trial court for further proceedings consistent with the reasons expressed below.

FACTS

Plaintiffs, Brian Brooker and his wife, Alice Steven Brooker, brought a medical...

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