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LOMBARD CANADA, LIMITED v. JOHNSON

No. 03-1056.

418 F.3d 392 (2005)

LOMBARD CANADA, LIMITED, as Subrogee of B & D Lalonde Trucking and Hauling, Incorporated, a foreign corporation, Plaintiff-Appellee, v. Mark E. JOHNSON, d/b/a C & L Escort Services, Defendant-Appellant, and Wakley Escort Service, Incorporated; Shuman Flag Car Services; Mary Fiorello, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 2005.

Attorney(s) appearing for the Case

Michael Douglas Lorensen, Bowles, Rice, McDavid, Graff & Love, P.L.L.C., Martinsburg, West Virginia, for Appellant. Ronald S. Rossi, Martin & Seibert, L.C., Martinsburg, West Virginia, for Appellee.

Before NIEMEYER and TRAXLER, Circuit Judges, and Richard D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER and Judge BENNETT joined.

OPINION

NIEMEYER, Circuit Judge.

Lombard Canada, Limited, as subrogee of B & D Lalonde Trucking and Hauling, Incorporated, commenced this action against Mark E. Johnson for contribution with respect to a $210,000 settlement that Lombard Canada entered into with the State of West Virginia.

In March...

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