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T.H.E. INS. CO. v. LARSEN INTERMODAL SERVICES

No. 00-30392.

242 F.3d 667 (2001)

T.H.E. INSURANCE COMPANY, Plaintiff-Appellant, v. LARSEN INTERMODAL SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 2001.

Attorney(s) appearing for the Case

Patricia Ann Lynch (argued), Joseph Lee McReynolds, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Plaintiff-Appellant.

Marcus Louis Giusti (argued), C. Lee Drake, Hannan, Drake & Giusti, Metairie, LA, for Defendant-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

T.H.E. Insurance Company ("T.H.E.") appeals the ruling of the district court granting summary judgment in favor of its insured, Larsen Intermodal Services, Inc. ("Larsen") and denying T.H.E.'s cross-motion for summary judgment. T.H.E. defended Larsen against the claims of several plaintiffs who were injured in an accident involving a 1984 White tractor leased to Larsen and driven by one of its employees. However, T.H.E. determined that the...

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