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ATLANTA-Duane Morris, ordered ordered out of an arbitration proceeding last year after being sued by health care giant McKesson Corp. over a conflict of interest, has filed a motion for a new trial and asked that a permanent injunction against it be lifted. McKesson contends that because Duane Morris represented one of its subsidiaries in a Pennsylvania bankruptcy case, it is barred from representing an Atlanta couple suing another McKesson subsidiary. But in a motion filed last month, the firm notes that a Pennsylvania bankruptcy case cited as the root of the conflict has been settled, and argues that no attorney-client relationship now exists between Duane Morris and McKesson. The motion was filed by a partner in Bondurant, Mixson & Elmore of Atlanta, Emmett J. Bondurant, on behalf of Philadelphia-based Duane Morris, which had represented itself in earlier proceedings. In response, two partners in Atlanta’s Morris Manning & Martin, Joseph R. Manning and Larry H. Kunin, last month filed a brief on McKesson’s behalf resisting the move, asserting that Duane Morris’ arguments amounted to a “hot-potato” stratagem in which a lawyer abandons one client in favor of another. The dispute began when McKesson sought to oust Duane Morris’ Atlanta office from its representation of the former owners of a medical software company against a McKesson subsidiary. The local action involves an intellectual property dispute between a Georgia couple and McKesson Information Solutions (MIS). The couple are the former owners of a medical software company that was bought by another that itself was purchased by MIS.

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