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MERCER TRANSP. CO. v. GREENTREE TRANSP. CO.

No. 01-1380.

341 F.3d 1192 (2003)

MERCER TRANSPORTATION COMPANY, Plaintiff-Appellee, v. GREENTREE TRANSPORTATION CO., Defendant-Appellant, and McClellan Enterprises, Inc., Defendant-Third-Party-Plaintiff, v. Leroy Lanxon, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

August 25, 2003.

Attorney(s) appearing for the Case

James Attridge, Scopelitis, Garvin, Light & Hanson, San Francisco, California (Jerry N. Jones, Moye, Giles, O'Keefe, Vermeire & Gorrell, LLP, with him on the brief), for Plaintiff-Appellee.

Alan Epstein, Hall & Evans, L.L.C., Denver, Colorado (Anthony Melonakis, Sutton, Melonakis & Gulley, P.A., with him on the briefs), for Defendant-Appellant.

Before MURPHY, BALDOCK, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Appellee, Mercer Transportation Co. ("Mercer") brought a lawsuit against appellant, Greentree Transportation Co. ("Greentree") seeking compensation for the contents of a tractor-trailer truck which were damaged in a one-vehicle accident. The district court granted summary judgment for Mercer, concluding that Greentree was liable for the damage because its placards and other identification were displayed on the truck...

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