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CAROLINA FREIGHT CARRIERS CORP. v. PITT COUNTY TRANSP. CO.

No. 73-1812.

492 F.2d 243 (1974)

CAROLINA FREIGHT CARRIERS CORPORATION for the Use and Benefit of Liberty Mutual Insurance Company, Appellant, v. PITT COUNTY TRANSPORTATION COMPANY and Old Republic Insurance Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Nathan H. Smith, Richmond, Va. (Sands, Anderson, Marks & Clarke, Richmond, Va., on brief), for appellant.

Robert E. Payne, Richmond, Va. (Alexander H. Slaughter, McGuire, Woods & Battle, Richmond, Va., on brief), for appellees.

Before WINTER, BUTZNER and FIELD, Circuit Judges.

FIELD, Circuit Judge:

Finding an indemnification provision in a lease of motor carrier equipment to be violative of a pertinent regulation of the Interstate Commerce Commission, the district court granted defendant's motion for judgment on the pleadings and the plaintiff has appealed.

The facts are not in dispute. Carolina Freight Carriers Corporation [Carolina] leased a tractor-trailer truck accompanied by its driver...

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