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TRANSPORT INS. CO. v. LEE WAY MOTOR FREIGHT

Civ. A. No. 3-78-0306-H.

487 F.Supp. 1325 (1980)

TRANSPORT INSURANCE COMPANY, Plaintiff, v. LEE WAY MOTOR FREIGHT, INC., Defendant.

United States District Court, N. D. Texas, Dallas Division.

April 24, 1980.

Attorney(s) appearing for the Case

John L. Lancaster, III, D. Paul Dalton Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for plaintiff.

James D. Foliart, Glen D. Huff, Foliart, Mills & Niemeyer, Oklahoma City, Okl., Royal H. Brin, John H. Hall, Strasburger & Price, Dallas, Tex., for defendant.

OPINION AND ORDER

SANDERS, District Judge.

Plaintiff Transport Insurance Company ("Transport") sues its insured, Defendant Lee Way Motor Freight, Inc. ("Lee Way"), for declaratory judgment pursuant to Title 28, United States Code § 2201 in order to determine the extent of Transport's liability under excess umbrella insurance policies that provide coverage for damages that Lee Way must pay on account of discrimination.

In a previous suit,

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