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COLONIAL REFRIGERATED TRANSP., INC. v. WORSHAM

No. 81-5527.

705 F.2d 821 (1983)

COLONIAL REFRIGERATED TRANSPORTATION, INC. and Excalibur Insurance Company, Plaintiffs-Appellees, v. Kenneth WORSHAM d/b/a Worsham Trucking Company and Christopher Worsham, Defendant-Third Party Plaintiffs-Appellees, v. NORTH CAROLINA OCCIDENTAL FIRE and CASUALTY COMPANY, Third Party Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 20, 1983.

Attorney(s) appearing for the Case

Roger T. May (argued), Thomas E. Schoenheit, Manier, White, Herod, Hollabaugh & Smith, Nashville, Tenn., for third party defendant-appellant.

W.P. Ortale (argued), Ortale, Kelley, Herbert & Crawford, Nashville, Tenn., for defendant-third party plaintiffs-appellees.

Before MARTIN and KRUPANSKY, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This is a diversity case in which Colonial Refrigerated Transportation, Inc. (Colonial), a trucking concern, and its liability insurance carrier, Excalibur Insurance Co. (Excalibur), seek to recover reimbursement from North Carolina Occidental Fire and Casualty Co. (Occidental) for the amounts that they paid in settlement of personal injury and death claims. The district court held that Colonial and Excalibur are entitled to reimbursement...

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