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HAY v. GILBERT

Civ. A. No. 781282.

461 F.Supp. 669 (1978)

Elige HAY v. D. G. GILBERT, d/b/a D. G. Gilbert Trucking Company, Chester E. Gilbert, National Indemnity Company, Travelers Indemnity Company, and American Employers' Insurance Company.

United States District Court, W. D. Louisiana, Shreveport Division.

December 15, 1978.

Attorney(s) appearing for the Case

E. Joseph Bleich, Wright, James, Hogg & Bleich, Ruston, La., for plaintiff.

D. G. Gilbert, d/b/a D. G. Gilbert Trucking, Chester E. Gilbert, Nat. Indemnity, Richard H. Switzer, Lunn, Irion, Switzer, Johnson & Salley, Shreveport, La., for defendants.

Jerald L. Perlman, Blanchard, Walker, O'Quin & Roberts, Shreveport, La., for Travelers Indemnity.

Robert W. Kostelka, Kostelka & Swearingen, Monroe, La., for American Employers'.

RULING and ORDER

DAWKINS, Senior District Judge.

While procedurally complex, the matter before us ultimately turns on the question of whether, for purposes of the removal statutes,1 a plaintiff's claim against an uninsured (underinsured) motorist insurer is "separate and independent"2 from claims against the alleged tortfeasors and their insurer. After...

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