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EMPLOYERS CAS. CO. v. EMPLOYERS COMMERCIAL UNION

No. 78-2519.

632 F.2d 1215 (1980)

EMPLOYERS CASUALTY COMPANY, a corporation, Plaintiff-Appellant, v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 21, 1981.

Attorney(s) appearing for the Case

Huie, Fernambucq, Stewart & Smith, Eugene D. De Martenson, Birmingham, Ala., for plaintiff-appellant.

McDaniel, Hall, Parsons & Conerly, Robert E. Parsons, Birmingham, Ala., for defendant-appellee.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Appellant Employers Casualty Company (Employers) filed this diversity action seeking a pro rata contribution from Employers Commercial Union Insurance Company (Commercial Union) for $100,000 paid by Employers in settlement of personal injury claims arising out of an accident involving a 1969 Dodge truck. Commercial Union, by counterclaim, sought contribution from Employers for $15,000 it paid out as an excess insurer for the...

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