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SMITH TRUCKING, INC. v. COTTON BELT INS. CO.

No. 75-3117.

556 F.2d 1297 (1977)

SMITH TRUCKING, INCORPORATED, Plaintiff-Appellee, v. COTTON BELT INSURANCE CO., INC., Defendant-Third-Party Plaintiff-Appellant, v. TATE INSURANCE AGENCY, INC., and John G. Effler, Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 5, 1977.

Attorney(s) appearing for the Case

Roger C. Landrum and Richard L. Forman, Jackson, Miss., for defendant-third-party plaintiff-appellant.

Ray M. Stewart and J. Edmond Pace, Picayune, Miss., for Smith Trucking Inc.

Roger T. Clark, Gulfport, Miss., for Tate, et al.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.

BOOTLE, District Judge:

In this diversity action Smith Trucking, Incorporated (Smith Trucking) sought to enforce against Cotton Belt Insurance Co., Inc. (Cotton Belt) a liability insurance contract covering the operation of nine tractors and nine trailers. Cotton Belt asserted that it had not insured the particular trailer which was involved in a fatality-causing accident, inasmuch as that particular trailer was not properly included or listed in the policy. Cotton...

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