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BUDD v. AMERICAN EXCESS INS. CO.

Nos. 89-1247, 89-1255.

928 F.2d 344 (1991)

John C. BUDD, Plaintiff-Appellant, v. AMERICAN EXCESS INSURANCE COMPANY, Defendant-Third-Party-Plaintiff-Appellee, SWETT & CRAWFORD, Defendant-Appellee, v. PROTECTIVE INSURANCE COMPANY, Third-Party-Defendant. John C. BUDD, Plaintiff, v. SWETT & CRAWFORD, Defendant-Appellee, AMERICAN EXCESS INSURANCE COMPANY, Defendant-Third-Party-Plaintiff-Appellee, v. PROTECTIVE INSURANCE COMPANY, Third-Party-Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

John C. Adams, III, of Adams, Rowley, Mathews and Hadley, Fullerton, Cal. (Stanton T. Mathews of Adams, Rowley, Mathews and Hadley, Fullerton, Cal., and Clifford L. Beem & Associates, Denver, Colo., with him on the briefs), for plaintiff-appellant in 89-1247.

Ira S. Lipsius of Schindel, Cooper & Farman, New York City, and Paul D. Cooper of Cooper & Kelley, P.C., Denver, Colo. (John G. McCann of Schindel, Cooper & Farman, New York City, William G. Imig and Mark W. Williams of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., with Mr. Lipsius on the brief), for appellees in 89-1247.

Mike Hilgers (Jeffery M. Grass with him on the brief) of The Law Firm of Mike Hilgers, Arvada, Colo., for third party defendant-appellant in 89-1255.

Ira S. Lipsius of Schindel, Cooper & Farman, New York City (John G. McCann of Schindel, Cooper & Farman, New York City, William G. Imig and Mark W. Williams of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., with him on the brief), for appellees in 89-1255.

Before McKAY, McWILLIAMS and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

This case arises out of an automobile accident which occurred in Colorado on January 27, 1982. The accident involved a collision between a tractor leased to Delta Lines, Inc., by Great Basin Transport, Inc., and an automobile driven by John Budd. Great Basin Transport is an independent trucking contractor that contracted with Delta to provide tractors and drivers to haul Delta cargo from Salt Lake City, Utah, to Denver, Colorado. At the time...

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