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GENERAL ELEC. CAPITAL v. SOUTHEASTERN HEALTH CARE

No. 90-3278.

950 F.2d 944 (1991)

GENERAL ELECTRIC CAPITAL CORP., Plaintiff-Appellant, v. SOUTHEASTERN HEALTH CARE, INC., and Prentiss E. Smith, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 27, 1991.

Attorney(s) appearing for the Case

Linton W. Carney, Richard W. Bussoff, Monroe & Lemann, New Orleans, La., for plaintiff-appellant.

Randall A. Smith, Marc D. Winsberg, Stone, Pigmann, Walther, Witmann & Hutchinson, New Orleans, La., for defendants-appellees.

Before BROWN, SMITH and WIENER, Circuit Judges.

WIENER, Circuit Judge:

This Louisiana diversity case involves a dispute arising from the lease of an aircraft (the Lease). The lessor, General Electric Capital Corporation (GECC), appeals the district court's grant of a summary judgment on motion of the lessee, Southeastern Health Care, Inc. (Southeastern), and its President, owner, and guarantor under the lease, Prentiss E. Smith, Jr., M.D. Finding that, before the instant suit was filed, Southeastern had complied...

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