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LUMBERMENS MUT. CAS. CO. v. FUGATE

No. 77-1287.

569 F.2d 213 (1978)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Douglas B. FUGATE, State Highway Commissioner of Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1978.

Attorney(s) appearing for the Case

Robert L. Morrison, Jr., Lexington, Va. (Gary L. Bengston, P.C., Danville, Va., Philip M. Sadler, Gilmer, Sadler, Ingram, Sutherland & Hutton, Pulaski, Va., on brief), for appellant.

Valentine W. Southall, Jr., Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Walter A. McFarlane, Deputy Atty. Gen. and John S. Morris, III, Asst. Atty. Gen., Richmond, Va., on brief), for appellee.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

PER CURIAM:

Lumbermens Mutual Casualty Company filed this action as subrogee to recover the monies it had paid as insurer for personal injuries and property damage resulting from an accident which occurred on U.S. Rt. 21-52 near Bastian, Virginia. Lumbermens alleged that a stretch of this highway was negligently designed and maintained by the Virginia Department of Highways and Transportation and that such negligence was...

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