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ALLSTATE INSURANCE CO. v. ALTERMAN TRANSPORT LINES, INC.

Nos. 31139, 71-2103.

465 F.2d 710 (1972)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. ALTERMAN TRANSPORT LINES, INC., Defendant-Appellee-Cross-Appellant, v. CONSOLIDATED SYSTEMS, INC., Defendant-Appellant-Cross-Appellee. ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, v. ALTERMAN TRANSPORT LINES, INC., Defendant-Appellee-Cross-Appellant, v. CONSOLIDATED SYSTEMS, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 2, 1972.

Attorney(s) appearing for the Case

Bernard C. Pestcoe, George D. Gold, Miami, Fla., for Consolidated Systems, Inc.

L. Norton Preddy, Burt E. Redlus, Miami, Fla., for Alterman Transport Lines.

Don R. Livingstone, David L. Willing, Miami, Fla., for Allstate Ins. Co.

Before RIVES, BELL and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The question presented in this suit for indemnification is which of three parties must ultimately bear the loss for monies paid out in settlement of a tort claim. The district court held that an insurance policy issued by Allstate Insurance Company did not afford coverage for the injury; that Alterman Transport Lines, Inc., was primarily liable for payment of the tort claim; but that Alterman was entitled to be reimbursed by Consolidated...

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