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TRAVELERS INDEM. CO. v. SWANSON

No. 77-3314.

662 F.2d 1098 (1981)

The TRAVELERS INDEMNITY CO., a Connecticut corporation, as Subrogee for Pensacola Buggy Works, Inc., Plaintiff-Appellee, v. Franna M. SWANSON, formerly known as Frauna M. Baars, Defendant-Appellant, State Farm Mutual Automobile Insurance Co., a corporation, Defendant.

United States Court of Appeals, Fifth Circuit.

September 28, 1981.

Attorney(s) appearing for the Case

John P. Welch, J. McHenry Jones, Pensacola, Fla., for defendant-appellant.

William D. Marsh, A. G. Condon, Jr., Pensacola, Fla., for defendant-appellant.

Joe J. Harrell, Pensacola, Fla., for State Farm.

Before JONES, BROWN and RUBIN, Circuit Judges.

JONES, Circuit Judge:

This is a diversity action arising in Florida. Under a lease agreement dated April 10, 1972, First Oklahoma Corporation leased an automobile to Mrs. Mary F. Baars. The lease provided, inter alia, that First Oklahoma agreed:

D. To furnish replacements, at no extra charge, for any vehicles ... which temporarily may be out of service ... such substitute vehicles, while in the service of lessee, shall be subject to all terms and conditions...

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