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HERRING GAS CO., INC. v. MAGEE

No. 93-7207.

22 F.3d 603 (1994)

HERRING GAS COMPANY, INC. and Edward G. Herring, Plaintiffs-Appellees, v. W. Otto MAGEE and Michael B. Burris, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 1994.

Attorney(s) appearing for the Case

Luke Dove, Edward Mizell, Dove, Chill, Calhoun, Williamson, Jackson, MS, for appellant.

Lindsay C. Patterson, John L. Maxey, II, Maxey, Pigott, Wann & Begley, Jackson, MS, for appellee.

Before DUHÉ and EMILIO M. GARZA, Circuit Judges, and STAGG, District Judge.

EMILIO M. GARZA, Circuit Judge:

W. Otto Magee and Michael B. Burris appeal a judgment which declares that a noncompete agreement is enforceable in Louisiana. Magee and Burris argue that the Mississippi Supreme Court, if presented with this case, would hold the noncompete agreement unenforceable in Louisiana, and therefore the district court, sitting in diversity, should have held the contract unenforceable in Louisiana as well. We affirm.

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