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VANCE TRUCKING COMPANY v. CANAL INSURANCE COMPANY

Civ. A. No. 4364.

249 F.Supp. 33 (1966)

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 D. South Carolina, Greenville Division.

January 6, 1966.

Attorney(s) appearing for the Case

W. Francis Marion, and O.G. Calhoun, of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for plaintiffs.

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

David L. Freeman and C. T. Wyche, of Wyche, Burgess, Freeman & Parham, Greenville, S. C., for defendants Herbert Francis Carson, Scott Carson, Susan Carson, David Carson, Christopher Carson, and Robert H. Carson, Admr. of Estate of Annie Barbara Carson.

HEMPHILL, District Judge.

Declaratory Judgment action arising out of the collision in October, 1962, in Sumter County, South Carolina, when a large tractor-trailer unit crossed into the wrong side of the road and collided head-on with an approaching passenger vehicle causing the death of one of the passengers and serious injuries to other occupants of such vehicle. The tractor and the trailer were owned by Forrester Trucking Company, Inc., sometimes hereinafter referred...

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