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CENTRAL NAT. INS. CO. v. LIBERTY MUT. INS. CO.

Civ. A. No. 3:87-3021-16.

685 F.Supp. 123 (1988)

CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Michael Lawrence Metz, Rodney Lee Howze, and Johnnie Earl, as Administrator of the Estate of Charles William Earl, deceased, Defendants.

United States District Court, D. South Carolina, Columbia Division.

April 25, 1988.

Attorney(s) appearing for the Case

Charles E. Hill, Columbia, S.C., for Central Nat. Ins. Co. of Omaha.

F.G. Delleney, Jr., Chester, S.C., for Johnnie Earl.

Ronald A. Barrett, Columbia, S.C., for Rodney Lee Howze.

Pope D. Johnson, III, Carl Holloway, Columbia, S.C., for Michael L. Metz.

Beverly Carroll, Rock Hill, S.C., for Liberty Mut. Ins. Co.

ORDER

HENDERSON, District Judge.

The plaintiff brought this action seeking a declaratory judgment on the issue of its obligation to defend Michael Lawrence Metz, a truck driver employed by Key Way Transport, Inc. ("Key Way"), pursuant to a business auto policy issued to Key Way by the plaintiff.1 On April 1, 1988, the action was tried to the Court. In accordance with Rule 52 of the...

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