AMERICAN FIDELITY & CAS. CO. v. OWENSBORO MILLING CO.

No. 12270.

222 F.2d 109 (1955)

AMERICAN FIDELITY AND CASUALTY COMPANY, Appellant, v. OWENSBORO MILLING COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

May 9, 1955.


Attorney(s) appearing for the Case

John L. Davis, Lexington, Ky. (Stoll, Keenon & Park, Lexington, Ky., on the brief), for appellant.

Ridley M. Sandidge, Owensboro, Ky. (Byron, Sandidge & Holbrook, Owensboro, Ky., on the brief), for appellee.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.


MILLER, Circuit Judge.

This appeal involves the correctness of the judgment of the District Court, 15 F.R.D. 352, dismissing for lack of jurisdiction so much of appellant's complaint as sought recovery from appellee for contribution as a joint tort-feasor.

The complaint as amended stated that a bus, being operated by the Fuqua Bus Line, to which appellant had issued a liability insurance policy, ran over an automobile tire and casing on the highway, which...

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