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JOHN DEERE INS. CO. v. TRUCKIN' U.S.A.

No. 97-10025.

122 F.3d 270 (1997)

JOHN DEERE INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, v. TRUCKIN' U.S.A., et al., Defendants, Transport Insurance Company, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1997.

Attorney(s) appearing for the Case

Julia Fields Pendery, Sim David Israeloff, Cowles & Thompson, Dallas, TX, for Defendant-Appellee.

Robert Martin Greenberg, Dallas, TX, for Defendant-Counter Claimant-Appellant.

Before KING, DUHÉ and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

Transport Insurance Company appeals the district court's grant of John Deere Insurance Company's motion for summary judgment on the issue whether John Deere had a duty under its liability insurance policy to defend, indemnify or reimburse either Transport or Transport's insured, Copp Trucking. Transport also appeals the district court's denial of its own motion for summary judgment on the same issues. For the reasons that follow, we affirm...

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