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VANCE TRUCKING COMPANY v. CANAL INSURANCE COMPANY

Civ. A. No. 4364.

243 F.Supp. 469 (1965)

VANCE TRUCKING COMPANY, Inc., and Allstate Insurance Company, Plaintiffs, v. CANAL INSURANCE COMPANY, Forrester Trucking Company, Inc., Herbert Francis Carson, Scott Carson, Susan Carson, David Carson, Christopher Carson, and Robert H. Carson, Administrator of the Estate of Annie Barbara Carson, Deceased, Defendants.

United States District Court W. D. South Carolina, Greenville Division.

July 14, 1965.

Attorney(s) appearing for the Case

O. G. Calhoun, Jr., Greenville, S. C., for plaintiff.

Wesley M. Walker and O. Doyle Martin, of Leatherwood, Walker, Todd & Mann, Greenville, S. C., for defendants Canal Ins. Co. and Forrester Trucking Co.

SIMONS, District Judge.

This is a motion by defendants, Canal Insurance Company and Forrester Trucking Company, Inc., to dismiss plaintiffs' suit for declaratory judgment upon ground that the action lacks the justiciability required by the Declaratory Judgment Act, 28 U.S.C.A. § 2201 et seq.

On October 4, 1962, a car driven by Herbert F. Carson collided with a truck near Sumter, S. C. The truck which was owned at the time by Forrester Trucking Company...

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