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AM. MOTORISTS INS. CO. v. AM. EMPLOYERS' INS. CO.

No. 78-3043 Summary Calendar.

608 F.2d 624 (1979)

AMERICAN MOTORISTS INSURANCE CO. and St. Paul Fire & Marine Insurance Co., Plaintiffs-Appellants, Cross-Appellees, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1979.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, James H. Roussel, George A. Gaitas, New Orleans, La., for St. Paul Fire & Marine Ins.

Charles F. Lozes, Alan L. Offner, New Orleans, La., for American Motorists.

Frank M. Brame, Lake Charles, La., for defendant-appellee, cross-appellant.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM.

This action derives from the stupid prank of Donald W. Kelly. While waiting for his employer's boat to be refueled, Kelly leaned out of the fuel company's office window and indiscriminately fired three shots into the harbor. One of these shots ricocheted and struck Jack Trahan who was on shore at the time. Trahan sued Kelly's employer, Lafayette Crewboats, Inc. (Lafayette), and Lafayette's insurers, American Employers' Insurance Company (American Employers...

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