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PHOENIX INDEMNITY COMPANY v. MARQUETTE CASUALTY COMPANY

No. 19493.

320 F.2d 486 (1963)

PHOENIX INDEMNITY COMPANY and Joseph Jurisich Marine Service, Inc., Appellants, v. MARQUETTE CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 16, 1963.

Attorney(s) appearing for the Case

Peter H. Beer, Richard B. Montgomery, New Orleans, La., for appellants.

James J. Morrison, New Orleans, La., for appellee.

Before RIVES, CAMERON and BELL, Circuit Judges.

CAMERON, Circuit Judge.

At 7:45 P.M., April 21, 1955, Marcus L. Givens received severe personal injuries when the automobile he was driving was sideswiped by a dragline owned by and being moved under the supervision of Joseph Jurisich Marine Service, Inc., hereinafter sometimes called Marine Service, Inc. The dragline which struck him was loaded on a truck owned and being operated by Folse Drayage Company, and the dragline's tracks (which occasioned the damage) protruded...

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