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PRESTON LAW FIRM v. MARINER HEALTH CARE MANAGEMENT

No. 09-31016.

622 F.3d 384 (2010)

PRESTON LAW FIRM, L.L.C., successor in interest to Preston Law Firm, L.L.C., Plaintiff-Appellee Cross-Appellant, v. MARINER HEALTH CARE MANAGEMENT COMPANY, doing business as Mariner Health Care, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 1, 2010.

Attorney(s) appearing for the Case

Darrin Louis Forte (argued), Kevin Frank Truxillo , Garrison, Yount, Forte & Mulcahy, L.L.C., New Orleans, LA, for Plaintiff.

Leon Carl Hagwood , Sr. Atty. (argued), Wilkins Tipton, P.A., Greenville, MS, Michael H. Bagot, Jr. , Gerald Beauregard Gelpi , Wagner & Bagot, L.L.P., New Orleans, LA, Bradley K. Overcash , Wilkins Tipton, P.A., Jackson, MS, for Defendant.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:

This appeal arises from a dispute between Mariner Health Care (Mariner) and the Preston Law Firm (the Law Firm) over legal fees. Because a valid compromise was formed through email communications, and because the terms of the compromise clearly and explicitly provided for a permanent discount, we vacate and remand for entry of judgment in favor of Mariner.

FACTS AND BACKGROUND

For many years, the Law Firm represented Mariner in numerous...

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