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DAVENPORT v. ST. PAUL FIRE AND MARINE INS. CO.

No. 91-1857.

978 F.2d 927 (1992)

Phillip DAVENPORT, Jr., Plaintiff-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1992.

Attorney(s) appearing for the Case

Luther T. Munford, Chuck D. Barlow, Carlton W. Reeves, Phelps Dunbar, Whitman B. Johnson, III, Steen, Reynolds, Dalehite & Currie, Jackson, Miss., for St. Paul Fire and Marine Ins. Co.

Daniel E. Troy, Laura A. Foggan, Wiley, Rein & Fielding, Washington, D.C., for amicus curiae — American Ins. Ass'n.

William L. Denton, Biloxi, Miss., for Phillip Davenport, Jr.

Before VAN GRAAFEILAND, KING and EMILIO M. GARZA, Circuit Judges.

VAN GRAAFEILAND, Senior Circuit Judge:

St. Paul Fire and Marine Insurance Company ("St. Paul") appeals from a judgment in favor of Phillip Davenport, Jr. in the amount of $20,125,000. For the reasons that follow, we reverse the judgment and remand to the district court with instructions to dismiss the complaint.

THE FACTS

On June 25, 1984, Judith Yearwood was undergoing relatively low-risk surgery at Methodist Hospital in Hattiesburg, Mississippi...

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