BLUE BIRD BODY CO. v. RYDER TRUCK RENTAL

No. 76-4332.

583 F.2d 717 (1978)

BLUE BIRD BODY COMPANY, INC., and Insurance Company of North America, Plaintiffs-Counterdefendants-Appellants, v. RYDER TRUCK RENTAL, INC., and Liberty Mutual Insurance Company, Defendants-Counterplaintiffs-Appellees.

United States Court of Appeals, Fifth Circuit.

November 8, 1978.


Attorney(s) appearing for the Case

James L. Carroll, H. H. Whitworth, Jackson, Miss., for plaintiffs-counterdefendants-appellants.

Junior O'Mara, Jackson, Miss., for defendants-counterplaintiffs-appellees.

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


JOHN R. BROWN, Chief Judge:

Two insurance companies split the settlement cost of two personal injury law suits against the Blue Bird Body Company and a Blue Bird employee. Not content with this perfectly reasonable arrangement, the insurers have staged for our viewing this diversity slugfest in which each seeks to recover back its half of the amount paid in settlement by casting the other in the role of either the sole or the primary insurer. The District Court shifted...

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