CAROLINA CAS. INS. CO. v. UNDERWRITERS INS. CO.

No. 75-3434.

569 F.2d 304 (1978)

CAROLINA CASUALTY INSURANCE COMPANY and JRJ Trucking, Inc., Plaintiffs-Appellants, Cross-Appellees, v. UNDERWRITERS INSURANCE COMPANY, International Transportation Services, Inc., and International Bakerage, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

March 10, 1978.


Attorney(s) appearing for the Case

Lowell S. Fine, A. Paul Cadenhead, James C. Pratt, Atlanta, Ga., for appellant.

Edward W. Killorin, Atlanta, Ga., for Underwriters, et al.

Michael V. Elsberry, Atlanta, Ga., Millard C. Farmer, Jr., Newnan, Ga., for Mrs. L. A. Smith.

Ben L. Weinberg, Jr., Atlanta, Ga., for Rentco-Division.

Before BROWN, Chief Judge, COLEMAN and MORGAN, Circuit Judges.


BROWN, Chief Judge:

In this little declaratory drama, neither of two insurance companies wanted to play the part of primary insurer. Nonetheless, the District Court cast them both in that role and they appeal. We affirm.

It Happened One Night

At approximately 10:00 p. m. on February 21, 1973, Amos Williamson was backing a tractor-trailer into the driveway of his home. During this operation, the trailer extended across Georgia State Route 54...

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