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COLONIAL PENN INS. v. MARKET PLANNERS INS.

No. 92-1890 Summary Calendar.

1 F.3d 374 (1993)

COLONIAL PENN INSURANCE COMPANY, Plaintiff-Appellee, v. MARKET PLANNERS INSURANCE AGENCY, INC. and Jimmy Whited, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 14, 1993.

Attorney(s) appearing for the Case

Anthony Icenogle, Deleon, Boggins & Richards, Austin, TX, for defendants-appellants.

Jerry C. Carter, Jr., Drew, Eckl & Farnham, Atlanta, GA, for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM:

I. FACTS AND PROCEDURAL HISTORY

In 1985, the plaintiff, Colonial Penn Insurance Company (Colonial Penn), through its administering agent, American Owners and Operators (AOO), contracted with the defendants, Market Planners Insurance Agency and its corporate representative Jimmy Whited (hereinafter collectively referred to as Market Planners), for it to sell Colonial Penn's insurance policies. The parties' agreement provided that Market Planners...

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