BOGY v. FORD MOTOR CO.

No. 06-60308.

514 F.3d 419 (2008)

Barbara Haffey BOGY, Individually and As Mother and Next Friend of Thomas P. Haffey, a Minor; Mollie Haffey Caldwell; James L. Haffey, Jr., Plaintiffs—Appellants, v. FORD MOTOR COMPANY, et al., Defendants, Ford Motor Company, Defendant—Appellee.

United States Court of Appeals, Fifth Circuit.

January 16, 2008.


Attorney(s) appearing for the Case

Pat M. Barrett, Jr., Barrett Law Office, Lexington, MS, Clyde Tab Turner (argued), Turner & Associates, North Little Rock, AR, Walter Ralph Hagedorn, Hagedorn Law Office, Tell City, IN, for Plaintiffs-Appellants.

Robert L. Hodges, Earle Duncan Getchell (argued), Leo John McDermott Boyd, McGuire Woods, Richmond, VA, Walker W. Jones, III, Tiffanee N. Wade-Henderson, Baker, Donelson, Bearman, Caldwell & Berkowitz, Jackson, MS, for Defendant-Appellee.

Before KING, WIENER, and OWEN, Circuit Judges.


OWEN, Circuit Judge:

In this diversity case, the plaintiffs contend that they are entitled to pursue damages arising from claims they released in settlement of a prior wrongful death suit because the settlement agreement was induced by fraud. The district court granted summary judgment for the defendants, concluding that the plaintiffs had failed to rescind the settlement agreement and return the proceeds they had received under it, as required by Mississippi law...

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