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BROWN v. SLENKER

No. 99-30314.

220 F.3d 411 (2000)

James H. BROWN, Commissioner of Insurance for the State of Louisiana as Liquidator of Physician's National Risk Retention Group, Inc., Plaintiff-Counter Defendant-Appellee-Appellant, v. Norman F. SLENKER; Slenker, Brandt, Jennings, & Johnston, Defendants-Counter Claimants-Appellants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 3, 2000.

Attorney(s) appearing for the Case

Steven G. Durio (argued), Robert L. Broussard, Durio, McGoffin & Stagg, Lafayette, LA, for Brown.

Joseph Jonathan Schraub (argued), Paige Ashley Levy, Schraub & Company, McLean, VA, Michael Marcel Remson, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, for Defendants-Counter Claimants-Appellants-Appellees.

Before REAVLEY, SMITH and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Norman Slenker and Slenker, Brandt, Jennings, and Johnston ("SBJJ") (collectively, "the Defendants") appeal from a Rule 50(a) judgment entered in favor of James Brown ("the Commissioner"). We affirm in part, vacate in part, and remand for further proceedings.

I

Physicians National Risk Retention Group ("PNRRG") was a risk retention group organized pursuant to Louisiana law. While not a traditional insurance company...

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