CONSUMERS COUNTY MUT. INS. v. P.W. & SONS TRUCKING

No. 01-20201.

307 F.3d 362 (2002)

CONSUMERS COUNTY MUTUAL INSURANCE CO., Plaintiff-Counter Defendant-Appellee, v. P.W. & SONS TRUCKING, INC., Defendant-Counter Claimant-Appellant, Fred Paillet, IV, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 8, 2002.


Attorney(s) appearing for the Case

W. Terry Fitzgerald (argued), Fitzgerald Law Firm, The Woodlands, TX, Sheryl Anne Falk, Fitzgerald & Gartner, Houston, TX, for Consumers County Mut. Ins. Co.

Louis Claiborne Dugas, Michael Jacobellis, Clay Dugas & Associates, Orange, TX, for Defendant-Appellant.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

P.W. & Sons Trucking, Inc. (PWS) and Fred Paillet IV appeal the district court's grant of summary judgment in favor of Consumers County Mutual Insurance Co. ("Consumers") in this declaratory judgment action. Specifically, PWS and Paillet contend that the district court erred when it relied on a Department of Transportation regulation, 49 C.F.R. § 390.5, to determine whether Paillet was an "employee" excluded from coverage under...

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