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STEWART v. MOROSA BROS. TRANSP. CO.

Nos. 77-3126, 77-3512.

611 F.2d 778 (1980)

Donald STEWART and Betty Stewart, Plaintiffs-Appellees, v. MOROSA BROTHERS TRANSPORTATION COMPANY et al., Defendants, Appellees, and Harbor Insurance Company, Defendant-Appellant. Donald R. STEWART and Betty Stewart, Plaintiffs-Appellees, v. MOROSA BROTHERS TRANSPORTATION COMPANY et al., Defendants, Appellees, and Navajo Freight Lines, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 15, 1980.

Attorney(s) appearing for the Case

Robert H. Remaud, Phoenix, Ariz., argued for Navajo Freight Lines.

Philip A. Robbins, Thomas A. McGuire, O'Connor, Cavanaugh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., argued for Harbor Ins. Co.; Robbins, Green, O'Grady & Abduhl, James M. Videan, Phoenix, Ariz., on brief.

Robert G. Begam, Langerman, Begam, Lewis, Leonard & Marks, Phoenix, Ariz., argued for the Stewarts.

Before MERRILL and KENNEDY, Circuit Judges, and WILLIAMS, District Judge.

MERRILL, Circuit Judge:

Appellee Stewart suffered injuries allegedly through the negligence of appellee Thompson, a driver-employee of appellant Navajo Freight Lines, Inc. Stewart has brought this action against Navajo and Harbor Insurance Co., contending that under Arizona law they are insurers of Thompson. Jurisdiction is founded on diversity of citizenship.

Plaintiff Stewart was also a driver-employee of Navajo. He and Thompson operated as a team. On March...

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