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CANAL INS. CO. v. ASHMORE

No. 96-2543.

126 F.3d 1083 (1997)

CANAL INSURANCE COMPANY, Plaintiff-Appellant, v. Rodney DeWayne ASHMORE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1997.

Rehearing Denied November 3, 1997.

Attorney(s) appearing for the Case

Timothy Edward Howell, Fayetteville, AR, argued, for plaintiff-appellant.

Joseph C. Self, Fort Smith, AR, argued, for defendant-appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and MONTGOMERY, District Judge.

HANSEN, Circuit Judge.

Canal Insurance Company appeals the judgment of the district court in favor of Rodney DeWayne Ashmore in this diversity-based declaratory judgment action. We reverse.

I.

This insurance dispute arose out of a 1989 motor vehicle accident in Mississippi, involving Rodney Ashmore, who was an occupant of a semi-tractor truck owned by his father, Dale Ashmore, doing business as Ashmore and Sons Trucking. Rodney was seriously injured...

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