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MORTGAGE GUAR. INS. CORP. v. RICHARD CARLYON CO.

No. 89-5574.

904 F.2d 298 (1990)

MORTGAGE GUARANTY INSURANCE CORPORATION, Plaintiff-Appellant, v. The RICHARD CARLYON COMPANY, et al., Defendants, Thomas E. Longer and Cyndi Longer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

Thomas D. Bracey, Sue T. Bentch, Thomas D. Bracey & Assoc., San Antonio, Tex., for plaintiff-appellant.

Bruce L. Goldston, San Antonio, Tex., for Thomas E. Longer and Cyndi Longer.

Before CLARK, Chief Judge, THORNBERRY, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

On the day set for a jury trial in this case, plaintiff Mortgage Guaranty Insurance Corporation (MGIC) moved to dismiss its case against Thomas and Cyndi Longer, two of multiple defendants. After hearing argument, the district court offered MGIC the alternatives of dismissing the Longers with prejudice or obtaining a dismissal without prejudice if it paid their attorneys' fees, MGIC objected for the record, and then went to trial against...

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