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HITT v. COX

Nos. 83-1225, 83-1230.

737 F.2d 421 (1984)

Vivian M. HITT, Plaintiff, v. Luther COX, individually and as Sheriff of Fauquier County, Va.; George West, individually and as Deputy Sheriff/Chief Jailer of Fauquier County, Va.; Terrell Don Hutto, individually and as Director of the Virginia Department of Corrections and Virginia Department of Corrections, Defendants, and The BOARD OF SUPERVISORS OF FAUQUIER COUNTY, VA., Appellee, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY, Appellant. Vivian M. HITT, Plaintiff, v. Luther COX, individually and as Sheriff of Fauquier County, Va.; George West, individually and as Deputy Sheriff/Chief Jailer of Fauquier County, Va.; Terrell Don Hutto, individually and as Director of the Virginia Department of Corrections and Virginia Department of Corrections, Defendants, and The BOARD OF SUPERVISORS OF FAUQUIER COUNTY, VA., Appellant, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1984.

Attorney(s) appearing for the Case

David P. Durbin, Washington, D.C. (John O. Easton, Carr, Jordan, Coyne & Savits, Washington, D.C., Carl Anthony Maio, Harleysville, Pa., on brief), for appellant/cross-appellee.

James P. Downey, County Atty., Warrenton, Va., for Fauquier County (J. Sloan Kuykendall, Kuykendall, Wetsel & Kuykendall, P.C., Winchester, Va., on brief), for appellee/cross-appellant.

Before ERVIN and CHAPMAN, Circuit Judges, and PECK, Senior Circuit Judge.

ERVIN, Circuit Judge:

Fauquier County sought indemnification from the Harleysville Mutual Insurance Company for attorney's fees and a $500,000 settlement it incurred as a result of a suit brought by a former inmate severely burned in a county jail fire. Harleysville had refused to defend the County in the original suit and denied liability in the subsequent action for indemnification. The district court denied Harleysville's motion for summary judgment and after trial...

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