SCHNEIDER NAT. TRANSPORT v. FORD MOTOR CO.

No. 00-41322.

280 F.3d 532 (2002)

SCHNEIDER NATIONAL TRANSPORT, Etc., Plaintiff, v. FORD MOTOR COMPANY; et al., Defendants. Schneider National Transport, as successor in interest to Builders Transport, Inc., Plaintiff-Appellee, v. Alexander and Alexander of New York Inc.; et al., Defendants, Insurance Company of the State of Pennsylvania, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 18, 2002.


Attorney(s) appearing for the Case

Joseph M. Nicks (argued), Godfrey & Kahn, Green Bay, WI, Jude Thaddeus Heartfield, Heartfield & McGinnis, Beaumont, TX, for Plaintiff-Appellee.

Thomas C. Wright (argued), Julia Leigh Kurtz, Campbell, Harrison & Wright, Frank G. Jones, Fulbright & Jaworski, Houston, TX, for Defendant-Appellant.

Before JONES and DeMOSS, Circuit Judges, and LIMBAUGH, District Judge.


LIMBAUGH, District Judge:

This diversity case involves a dispute between primary and excess coverage insurance carriers as to the obligation to pay the cost of defending a lawsuit of the insured. The case was submitted to the district court on cross-motions for summary judgment. Appellee's motion for summary judgment was granted and appellant's denied. In so ruling, the district court determined that appellant, the excess insurance carrier, was required to contribute...

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