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JACKSON v. O'SHIELDS

No. 96-60024.

101 F.3d 1083 (1996)

Sarah M. JACKSON and Leo Smith, Plaintiffs, v. Timothy K. O'SHIELDS, J & T Enterprises, Inc., John T. Hanna, and Larry Wallen, Defendants. CANAL INSURANCE COMPANY, A Corporation, Plaintiff-Appellee, v. Sarah M. JACKSON, Leo Smith, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 19, 1996.

Attorney(s) appearing for the Case

Brian Atkins Montague, Montague, Pittman & Varnado, Hattiesburg, MS, for Canal Insurance Company, plaintiff-appellee.

David A. Hilleren, Hilleren & Hilleren, Mandeville, LA, for defendants-appellants.

Before HIGGINBOTHAM, DUHÉ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The ultimate issue in this appeal is whether Canal Insurance Company ("Canal") has indemnity obligations under an MCS-90 Endorsement issued in connection with the insurance policy of an interstate carrier. To get to the bottom of Canal's indemnity obligations, we must resolve whether a lease between a tractor owner and carrier that is licensed by the Interstate Commerce Commission ("ICC") can be effectively terminated when the carrier's ICC...

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