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AMERICAN INTERINSURANCE EXCHANGE v. COMMERCIAL U. ASSUR.

No. 78-1196.

605 F.2d 731 (1979)

AMERICAN INTERINSURANCE EXCHANGE, Appellee, v. COMMERCIAL UNION ASSURANCE COMPANY, Appellant, and T. P. Hildebran, Ronald P. Hildebran, Walker Trucking Company, Inc., Rosemary Mazur and Carlton Deane, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Thornwell F. Sowell, III, Columbia, S. C. (R. Bruce Shaw, Nelson, Mullins, Grier & Scarborough, Columbia, S. C., on brief), for appellant.

P. Michael Duffy, Charleston, S. C. (Falcon B. Hawkins, Hawkins & Morris, Charleston, S. C., on brief), for appellee.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

A 1975 Kenworth tractor (truck) owned by T. P. Hildebran and leased by him to Walker Trucking Company, Inc. (Walker), was involved in a collision with an automobile in South Carolina in 1975 while pulling a trailer owned by Walker. As provided in the lease the driver of the truck had been furnished to Walker by the lessor, but his wages were paid and his activities were directed by Walker. Alleging that the truck had been negligently operated...

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