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HEARN v. RED BALL MOTOR FREIGHT, INC.

Civ. A. No. 760423.

437 F.Supp. 718 (1977)

Aubrey O. HEARN v. RED BALL MOTOR FREIGHT, INC., Elvis W. Rogers, XYZ Insurance Company, and Protective Insurance Company Home Indemnity Company, Intervenor.

United States District Court, W. D. Louisiana, Monroe Division.

September 28, 1977.

Attorney(s) appearing for the Case

Dan C. Garner & Associates, New Orleans, La., for plaintiff.

W. Craig Henry, Hudson, Potts & Bernstein, Monroe, La., for defendants.

J. Michael Hart, Theus, Grisham, Davis & Leigh, Monroe, La., for intervenor.

RULING ON MOTION

DAWKINS, Senior District Judge.

Defendants seek to have dismissed one element of Home Indemnity Company's intervention claiming as Red Ball's subrogee for property damage. It is contended that prescription1 bars intervenor's attempt to recover $1,371.70 paid by it to Vicksburg Chemical Company under an insurance policy covering collision damage to one of that company's trucks. Our jurisdiction is based upon diversity...

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