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HARLEYSVILLE MUT. INS. CO. v. NATIONWIDE MUT. INS. CO.

No. 85-1401.

789 F.2d 272 (1986)

HARLEYSVILLE MUTUAL INSURANCE CO., INC., Appellant, v. NATIONWIDE MUTUAL INSURANCE CO., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1986.

Attorney(s) appearing for the Case

David A. Furrow (Ralph B. Rhodes; Hutcherson & Rhodes, Rocky Mount, Va., on brief), for appellant.

William F. Stone, Jr. (Stone & Worthy, Martinsville, Va., on brief), for appellee.

Before WIDENER and HALL, Circuit Judges, and McMILLAN, District Judge, Western District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

This is an appeal by the plaintiff, Harleysville Mutual Insurance Co. (Harleysville) in an action for declaratory judgment as to the rights and liabilities of two insurance carriers and the injured motorist resulting from a motor vehicle accident in Virginia. The district court declared that Harleysville, as liability insurer for the known tortfeasor, was solely responsible to the injured motorist for the damages caused by the accident. Because...

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