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MGM TRANSPORT CORP. v. CAIN

No. COA97-699.

496 S.E.2d 822 (1998)

MGM TRANSPORT CORPORATION and Liberty Mutual Insurance Company, Plaintiffs, v. Elsie R. CAIN, Timothy Clark Butterfield, James Cleveland Holmes and Northland Insurance Company, Defendants.

Court of Appeals of North Carolina.

January 20, 1998.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller, Smith & Coles, P.L.L.C. by G. Thompson Miller, Lexington, for plaintiffs-appellants.

Bell, Davis & Pitt, P.A. by Stephen M. Russell, Winston Salem, for defendant-appellee Northland Insurance Company.

JOHN C. MARTIN, Judge.

MGM Transportation Corporation (MGM) and Liberty Mutual Insurance Company (Liberty Mutual) filed this declaratory judgment action to determine the rights and obligations of the parties under policies of insurance issued by Liberty Mutual to MGM and by Northland Insurance Company (Northland) to defendant Holmes. The dispute arises out of a collision which occurred on 3 August 1994 when a tractor belonging to defendant Holmes and driven by defendant...

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