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COMMERCIAL UNION INS. v. STATE FARM MUT. AUTO. INS.

No. 86-8244.

823 F.2d 449 (1987)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 3, 1987.

Attorney(s) appearing for the Case

John F. Daugherty, Robert J. McCune, Atlanta, Ga., for defendant-appellant.

Stephen M. Worrall, Edwin A. Tate, Gary L. Seacrest, Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD and VANCE, Circuit Judges, and SWYGERT, Senior Circuit Judge.

GODBOLD, Circuit Judge:

In this diversity action Commercial Union Insurance Company seeks subrogation of the amount of personal injury benefits it paid to its insured, Catherine Williams. The district court held in favor of Commercial Union. We reverse.

This action arises out of an accident in which Williams was seriously injured when her car was struck from behind by a truck owned by Dixon Transfer Company and insured by State Farm Mutual Automobile Insurance...

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