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USAA CAS. INS. CO. v. RANDOLPH

Record No. 971083.

497 S.E.2d 744 (1998)

USAA CASUALTY INSURANCE COMPANY, et al. v. Tracy Lee RANDOLPH, et al.

Supreme Court of Virginia.

February 27, 1998.

Attorney(s) appearing for the Case

Dawn E. Boyce (John D. McGavin; Trichilo, Bancroft, McGavin, Horvath & Judkins, on briefs), Fairfax, for appellants.

Donald S. Culkin (Peter C. Burnett; Burnett & Williams, Leesburg, on brief), for appellee Tracy Lee Randolph.

Edward H. Grove, III (Brault, Palmer, Grove, Zimmerman, White & Mims, on brief), Fairfax, for appellee Southern States Cooperative, Inc. t/a Southern States Leesburg Petroleum Services.

Present: All the Justices.

KEENAN, Justice.

In this appeal, we consider a procedural challenge to the use of a declaratory judgment proceeding for resolving the issue whether an employee's injury arose out of and in the course of his employment.

In October 1995, Kevin Martin was working as a truck driver for Southern States Cooperative, Inc., t/a Southern States Leesburg Petroleum Services (Southern States). Martin's job required him to be "on call" to respond to customer requests for...

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