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VANCE TRUCKING COMPANY v. CANAL INSURANCE COMPANY

No. 9513.

338 F.2d 943 (1964)

VANCE TRUCKING COMPANY, Inc., and Allstate Insurance Company, Appellants, v. CANAL INSURANCE COMPANY, Forrester Trucking Company, Inc., Herbert Francis Carson, Scott Carson, Susan Carson, David Carson, Christopher Carson, and Robert H. Carson, Administrator of the Estate of Annie Barbara Carson, Deceased, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 20, 1964.

Attorney(s) appearing for the Case

O. G. Calhoun, Jr., Greenville, S. C. (W. Francis Marion, Greenville, S. C., on brief), for appellants.

O. Doyle Martin, Belton, S. C. (Wesley M. Walker, J. D. Todd, Jr., and Leatherwood, Walker, Todd & Mann, Greenville, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

Plaintiffs' suit for a declaratory judgment having been dismissed for lack of venue, they prosecute this appeal.

On October 4, 1962, near Sumter, South Carolina, a car driven by Herbert F. Carson was in collision with a truck owned by one of the defendants, Forrester Trucking Co. Carson and his four children were injured; his wife, Annie Carson, was killed. Three suits have arisen from this accident. The first was brought in February...

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