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FMC CORP. v. HOLLIDAY

No. 89-3226.

885 F.2d 79 (1989)

FMC CORPORATION, Appellant, v. Cynthia Ann HOLLIDAY, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 11, 1989.

Rehearing and Rehearing Denied October 5, 1989.

Attorney(s) appearing for the Case

Charles Kelly [argued], H. Woodruff Turner, Stephen M. Rosenblatt, Kirkpatrick and Lockhart, Pittsburgh, Pa., for appellant.

Thomas G. Johnson [argued], Malcolm & Johnson, Indiana, Pa., for appellee.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge and WOLIN, District Judge.

Rehearing and Rehearing In Banc Denied October 5, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

FMC Corporation appeals from a summary judgment in favor of the defendant Cynthia Ann Holliday, in FMC's action seeking a declaratory judgment that it is entitled to subrogation against Ms. Holliday's recovery for personal injuries received in an automobile accident. FMC is an employer operating a health plan and employs Ms. Holliday's father. She was...

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