ALLEN v. ZURICH INS. CO.

No. 80-1665.

667 F.2d 1162 (1982)

Grady ALLEN, Appellant, v. ZURICH INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1982.


Attorney(s) appearing for the Case

Duke K. McCall, Jr., Greenville, S. C. (Leatherwood, Walker, Todd & Mann, Greenville, S. C., on brief), for appellant.

George E. Lewis, Columbia, S. C. (Turner, Padget, Graham & Laney, Columbia, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, HALL and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

In this diversity case Grady Allen sued Zurich Insurance Company to recover the amount of a personal injury judgment earlier obtained by Allen against Zurich's insured under a liability policy. Following a jury verdict in Allen's favor, the district court granted judgment n. o. v. for Zurich on the basis that the evidence established as a matter of law that Allen was an employee of Zurich's insured so that Zurich was not liable...

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