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UNITED STATES FIDELITY & GUAR. CO. v. NATIONAL INDEM. CO.

No. 65-725-Civ.

258 F.Supp. 444 (1966)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, Plaintiff, v. NATIONAL INDEMNITY COMPANY, a Nebraska corporation, and Liberty Mutual Insurance Company, a Massachusetts corporation, Defendants.

United States District Court S. D. Florida.

July 12, 1966.

Attorney(s) appearing for the Case

James A. Smith, of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, Fla., for plaintiff.

C. Clyde Atkins, of Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for National Indemnity Co.

John W. Thornton, of Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for defendant Liberty Mut. Ins. Co.

OPINION

DYER, Chief Judge.

In October 1964 a truck in the control and possession of plaintiff's insured, Dixie Bedding Company, under a contractual agreement with Hunt Truck Leasing & Service, a division of Hunt Truck Sales & Service, Inc., was in an accident in Carrolton, Georgia. Hunt was the defendant National Indemnity's insured and its policy contained an endorsement limiting the coverage of the...

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