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CAPITOL BUS CO. v. BLUE BIRD COACH LINES, INC.

Nos. 71-2005, 71-2006.

478 F.2d 556 (1973)

CAPITOL BUS COMPANY, t/a Trailways of Pennsylvania v. BLUE BIRD COACH LINES, INC., et al. Appeal of BLUE BIRD COACH LINES, INC. and Aetna Casualty and Surety Company, 71-2005. Appeal of AMERICAN FIDELITY FIRE INSURANCE COMPANY, 71-2006.

United States Court of Appeals, Third Circuit.

Decided May 14, 1973.

Attorney(s) appearing for the Case

James K. Thomas, Joseph P. Hafer, Metzger, Hafer, Keefer, Thomas & Wood, Harrisburg, Pa., for appellants in No. 71-2005 and cross-appellees in No. 71-2006.

Frederick W. Andrews, Pannebaker, Andrews & Yost, Harrisburg, Pa., for cross-appellant in No. 71-2006 and as appellee in No. 71-2005.

Clyde W. McIntyre, McNees, Wallace & Nurick, Harrisburg, Pa., for appellee in both cases.

Before KALODNER, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

In this diversity action, tried to the District Court upon stipulated facts, the appellant insurance companies were held liable to the appellee Capitol Bus Company, t/a Trailways of Pennsylvania ("Trailways"), for $13,700 damages to one of its buses on November 8, 1969, while it was being operated in the franchise area of the appellant Blue Bird Coach Lines. ("Blue Bird"), under an "Equipment Lease Agreement...

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