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TRANSIT CASUALTY COMPANY v. GATOR SYSTEMS, INC.

No. 71-1071 Summary Calendar.

445 F.2d 813 (1971)

TRANSIT CASUALTY COMPANY, Plaintiff-Appellant, v. GATOR SYSTEMS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 18, 1971.

Attorney(s) appearing for the Case

T. Paine Kelly, Jr., H. Vance Smith of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for plaintiff-appellant.

David G. Hanlon, Shackleford, Farrior, Stallings & Evans, P.A., Tampa, Fla., for Redwing Carriers, Inc. and Transport Indemnity Co.

E. R. Mills, Jr., Ocala, Fla., for O'Neal and others.

Albert N. Fitts, Sanford, Fla., for Gator Systems and others.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM:

Transit issued a liability insurance contract to Gator Systems and Joe T. Corley, under which it insured a commercial trucking business. It brought this action seeking a declaratory judgment as to whether it was responsible for damages and injury caused by Floyd Baker. The district court answered in the affirmative and this appeal followed.

Baker owned a tractor which had been leased to a motor common carrier

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