TRANSPORT INDEM. CO. v. PAXTON NAT. INS. CO.

No. 81-4120 Summary Calendar.

657 F.2d 657 (1981)

TRANSPORT INDEMNITY COMPANY, Plaintiff-Appellant, v. PAXTON NATIONAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied October 5, 1981.


Attorney(s) appearing for the Case

Fred M. Bush, Jr., Thomas D. Murry, Tupelo, Miss., for plaintiff-appellant.

Cary E. Bufkin, Jackson, Miss., for defendant-appellee.

Before CHARLES CLARK, RUBIN and SAM D. JOHNSON, Circuit Judges.


PER CURIAM:

Transport Indemnity Company (Transport) sought a declaratory judgment against Paxton National Insurance Company (Paxton) to determine liability for an accident occurring in Tupelo, Mississippi on October 24, 1978. The district court found that Transport was solely and exclusively liable. For the reasons set forth below, we reverse.

On October 24, 1978, Edwin D. Watts, d/b/a Watts Trucking Company of Duncannon, Pennsylvania, agreed to lease his...

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