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O'NEAL v. KENNAMER

No. 91-7550.

958 F.2d 1044 (1992)

Kevin Daryl O'NEAL, Plaintiff-Counterclaim-Defendant, Appellee, Liberty Mutual Insurance Company, and Clopay Corporation, Intervenors-Appellants, v. Joe Martin KENNAMER, Defendant-Cross-Claim-Defendant, W.S. Newell, Inc., Defendant-Cross-Claim Plaintiff-Appellee, Prince Trucking, a partnership, Defendant-Counterclaim-Plaintiff-Cross-Claim Defendant, Associates Insurance Company, Defendant, v. LEND LEASE TRUCKS, INC., Counterclaim-Defendant.

United States Court of Appeals, Eleventh Circuit.

April 20, 1992.

Attorney(s) appearing for the Case

Harold F. Herring, H. Carey Walker, III, Sadler, Sullivan, Herring & Sharp, Huntsville, Ala., for Liberty Mut. Ins. Co., and Clopay Corp.

R. Ben Hogan, III, Richard D. Stratton, Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, Ala., for Kevin Daryl O'Neal.

James E. Davis, Jr., Lanier, Ford, Shaver & Payne, P.C., Huntsville, Ala., for W.S. Newell, Inc.

Before KRAVITCH, Circuit Judge, GODBOLD and JOHNSON, Senior Circuit Judges.

GODBOLD, Senior Circuit Judge:

This appeal concerns a conflict of laws question with respect to subrogation rights of the intervenors, Liberty Mutual and Clopay. It also raises the propriety of the district court's denial of a Rule 59(e) motion to alter or amend the judgment, which motion raised for the first time the contention that state law principles under which the matter was litigated and decided had been preempted by federal law.

Kevin O'Neal, a resident...

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