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ROUSE v. GREYHOUND RENT-A-CAR, INC.

No. 73-4007.

506 F.2d 410 (1975)

Luther T. ROUSE, as Administrator of the Estate of Jeptha L. Cobb, and Volkswagen Insurance Co., Plaintiffs-Appellees, v. GREYHOUND RENT-A-CAR, INC., et al., Defendants-Appellees-Cross-Appellants, Lakeland Automobile Auction, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1975.

Attorney(s) appearing for the Case

James W. Smith, Daytona Beach, Fla., for Lakeland Auto.

Roland A. Sutcliffe, Jr., George T. Eidson, Jr., Orlando, Fla., for Volkswagen Ins. Co.

Thomas L. Clarke, Jr., Robert L. Trohn, Lakeland, Fla., for Old Republic Ins. Co.

Before DYER, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The narrow question presented by this action for declaratory judgment is which of the insurance carriers must bear the loss for monies paid in settlement of tort claims arising from an automobile accident. Jurisdiction is based upon diversity of citizenship. Based upon an analysis of the particular fact situation existing at the time of the accident, the district court held that both the owner and the bailee of the vehicle at fault must be treated...

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