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INSURANCE CO. OF NORTH AMERICA v. G.I. TRUCKING

No. 92-15234.

1 F.3d 903 (1993)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. G.I. TRUCKING COMPANY, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1993.

Attorney(s) appearing for the Case

Glen R. Olson, Long & Levit, San Francisco, CA, for plaintiff-appellant.

James Attridge, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, CA, for defendant-appellee.

Kenneth E. Siegel and Patricia J. McCabe, Alexandria, VA, and William D. Bierman, Westwood, NJ, for amicus curiae Nat. Freight Claims and Sec. Counsel.

William J. Augello, Augello, Pezold & Hirschmann, Huntington, NY, for amicus curiae Transp. Claims and Prevention Counsel.

Before: FAIRCHILD, BEEZER, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

FACTS

On April 19, 1988, G.I. Trucking Company ("G.I.") transported a shipment of intraocular lenses from Los Angeles to Calexico, California, for Eye Technology, Inc. ("Eye Tech"). The shipment was damaged, and Eye Tech sought and received compensation for its damages from its insurer, Insurance Company of North America ("INA"). Having paid Eye Tech's claim, INA became the subrogee of Eye Tech's rights against G.I.

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