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ADAMS v. TRAVELERS INDEM. CO. OF CONNECTICUT

No. 04-20734.

465 F.3d 156 (2006)

Corte B. ADAMS, Plaintiff-Appellant, v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT; Travelers Property & Casualty Co.; Travelers Insurance Co.; Goodyear Tire & Rubber Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 2006.

Attorney(s) appearing for the Case

Michael D. Papania (argued), Nederland, TX, for Adams.

David Norman Kitner (argued), Christine D. Roseveare, Strasburger & Price, Dallas, TX, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case brings questions of whether an employee acted within the permissive use authorized by his employer, Goodyear Tires, when he fell asleep at the wheel of a company truck. Applying Texas law, we conclude that genuine issues of material fact remain, and we reverse and remand.

I

Goodyear Tire and Rubber Company hired Corte Adams in April 1998 as a service technician...

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