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EMPIRE INDEM. INS. CO. v. CAROLINA CAS. INS. CO.

No. 87-1299.

838 F.2d 1428 (1988)

EMPIRE INDEMNITY INSURANCE COMPANY, Plaintiff-Appellee, Cross-Appellant v. CAROLINA CASUALTY INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant, Cross-Appellee, v. NORTHLAND INSURANCE COMPANY, Defendant-Cross-Appellee, v. SHELTER GENERAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 1988.

Attorney(s) appearing for the Case

Harvey L. Frye, Jr., Peebles, Betty & Brantley, Fort Worth, Tex., for defendant-appellant.

H. Allen Pennington, Jr., Law, Snakard, Brown & Gambill, Ft. Worth, Tex., for Empire Indemnity Ins. Co.

Dean Spurlock, James B. Spisak, Carl G. Quisenberry, Quisenberry, Spurlock & Beech, Ft. Worth, Tex., for Carolina Cas. Ins. Co.

Ronald D. Wren, Dallas, Tex., for Northland Ins. Co.

Before TIMBERS, KING, and HIGGINBOTHAM, Circuit Judges.

TIMBERS, Circuit Judge:

This declaratory judgment action arises out of a dispute between four liability insurance companies as to which of them provided coverage in a wrongful death and survival action commenced by the estate of an automobile driver who was killed in a collision with a truck driver who was under a lease agreement with a common carrier.

The district court, David O. Belew, Jr., District Judge, in an amended judgment entered March 26,...

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