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CERTAIN BRITISH UNDERWRITERS v. JET CHARTER SER.

No. 84-5213.

739 F.2d 534 (1984)

CERTAIN BRITISH UNDERWRITERS AT LLOYDS OF LONDON, ENGLAND, etc., et al., Plaintiffs-Appellants, v. JET CHARTER SERVICE, INC., and Aeroservice International, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Opinion on Rehearing December 13, 1984.

Attorney(s) appearing for the Case

Thornton, David & Murray, P.A., J. Thompson Thornton, Miami, Fla., for plaintiffs-appellants.

Robert G. David, Jr., McDonald & McDonald, Miami, Fla., for Jet Charter Service.

William E. Sadowski, Akerman, Senterfitt & Eidson, Miami, Fla., for Aeroservice Intern.

Before GODBOLD, Chief Judge, RONEY and TJOFLAT, Circuit Judges.

BY THE COURT:

While Aeroservice was servicing one of Jet Charter's jets, the jet fell off its supporting jacks and suffered damage. Aeroservice's insurer, Underwriters, filed this diversity action against Jet Charter and Aeroservice seeking a declaratory judgment that the incident was not covered under its contract of insurance with Aeroservice. The district court granted Jet Charter's and Aeroservice's motions for summary judgment but reserved jurisdiction to consider...

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