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FEDERATED MUTUAL INSURANCE CO. v. H & S INDUSTRIES, INC.

No. 74-2255. Summary Calendar.

500 F.2d 675 (1974)

FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. H & S INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 9, 1974.

Attorney(s) appearing for the Case

Frank M. Gleason, Rossville, Ga., for plaintiff-appellant.

H. E. Kinney, Dalton, Ga., for defendants-appellees.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

The only question that this Georgia diversity case presents is whether, under the terms of an automobile liability insurance policy, appellant insured appellee's leased tractor-trailer rig on March 2, 1972 when it collided with Mrs. Bessie Cantrell's 1968 Dodge automobile near Rome, Georgia. Appellant denied coverage, and sought a declaratory judgment of nonliability. The district court found that the automobile...

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