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COTTON BELT INSURANCE COMPANY, INC. v. WALL

No. 73-4027.

503 F.2d 1371 (1974)

COTTON BELT INSURANCE COMPANY, INC., Plaintiff-Appellant, v. K. M. WALL, Administrator of the Estate of Kenneth M. Wall, Deceased, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 1974.

Attorney(s) appearing for the Case

Robert E. Parsons, Birmingham, Ala., for plaintiff-appellant.

Tom Radney, Alexander City, Ala., for Wall.

Sam H. Bradshaw, III, Alexander City, Ala., for McCoy.

John F. Dillon, IV, Alexander City, Ala., for defendants-appellees.

Before GODBOLD and MORGAN, Circuit Judges, and BOOTLE, District Judge.

GODBOLD, Circuit Judge:

James Rufus McCoy was employed by K. M. Wall at Wall's pulpwood yard, located in Alabama. While operating a loader, McCoy ran over and fatally injured Kenneth Wall, age eight and one-half, the son of the employer. McCoy was prosecuted and convicted of manslaughter. Also McCoy was sued by Wall for damages for the wrongful death of the child. Cotton Belt then brought a declaratory judgment action against Wall and McCoy to determine whether it...

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