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AMERICAN FIDELITY AND CASUALTY COMPANY v. SIMMONS

No. 7589.

253 F.2d 634 (1958)

AMERICAN FIDELITY AND CASUALTY COMPANY, Appellant, v. Huston L. SIMMONS, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 8, 1958.

Attorney(s) appearing for the Case

Roy L. Deal, Winston-Salem, N. C. (Fred S. Hutchins and John M. Minor, Winston-Salem, N. C., on the brief), for appellant.

Wilson Barber, Mt. Airy, N. C. (Fred Folger, John C. W. Gardner, and Barber & Gardner, Mt. Airy, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, HAYNSWORTH, Circuit Judge, and WILLIAMS, District Judge.

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in an action instituted by an insurance company to recover, by way of subrogation to the rights of its insured, the amount it had been required to pay under its policy to a person injured in an automobile accident. Plaintiff is the American Fidelity and Casualty Company which had insured the Webb Transfer Lines, Inc., hereafter referred to as Webb, a truck line engaged in interstate commerce, against...

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