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HORN v. TRANSCON LINES, INC.

No. 93-1576.

7 F.3d 1305 (1993)

Jeffrey R. HORN, et al., Plaintiffs, v. TRANSCON LINES, INC., et al., Defendants, and R.L. JEFFRIES TRUCKING CO., INC., Defendant and Third-Party Plaintiff-Appellee, v. Mary F. THURMOND, Personal Representative of the Estate of Thomas B. Thurmond, Third-Party Defendant and Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Stephen H. Thomas (argued), Statham, Johnson & McCray, Daniel F. Hewins, Hewins & Hewins, David V. Miller (argued), Bowers, Harrison, Kent & Miller, Evansville, IN, Henry C. Neel, Neel & Wilson, Henderson, KY, for defendant-appellee.

Donald R. Wright (argued), Wright, Evans & Daly, Evansville, IN, for defendant-appellant.

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

While hauling a load of freight for R.L. Jeffries Trucking Company, Thomas B. Thurmond drove his rig off the road. Thurmond died, and his passenger Jeffrey Horn was seriously injured. The district court held in this diversity litigation that, at the time of the accident, Thurmond was covered by a policy of insurance issued by Liberty Mutual Insurance Company. Our prior opinion in this case, 898 F.2d 589

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