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SWAIN v. D & R TRANSPORT CO., INC.

Civ. No. 88-90-ALB/AMER(DF).

735 F.Supp. 425 (1990)

Marjory Ann SWAIN, Individually and as Trustee for the Heirs and next of kin of Colin E. Swain, decedent, and Liberty Mutual Insurance Company, Plaintiffs, v. D & R TRANSPORT COMPANY, INC. and George P. Ayers, Defendants.

United States District Court, M.D. Georgia, Albany/Americus Division.

April 30, 1990.

Attorney(s) appearing for the Case

Foy R. Devine & Bruce H. Morris, Devine & Morris, Atlanta, Ga., and Michael S. Polk, Hertogs, Fluegel, Sieben, Polk, Jones & Laverdiere, Hastings, Minn., for plaintiffs.

Ben L. Weinberg, Jr. & Kathryn S. Whitlock, Atlanta, Ga., for Liberty Mut. Ins. Co.

John K. Fitzgerald & Robert E. Corry, Jr., Atlanta, Ga., for defendants.

FITZPATRICK, District Judge.

Currently pending before the court are cross-motions for partial summary judgment filed by plaintiff Marjory Ann Swain (Swain) and intervenor Liberty Mutual Insurance Company (Liberty Mutual). The respective motions seek to determine whether or not Liberty Mutual is entitled to assert a subrogation claim in the above styled action.

FINDINGS OF FACT

Plaintiff Marjorie Ann Swain, a citizen of Minnesota, has filed a wrongful...

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