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DAILY EXPRESS, INC. v. NORTHERN NECK TRANSFER CORP.

Civ. A. No. 79-369.

490 F.Supp. 1304 (1980)

DAILY EXPRESS, INC., Plaintiff, v. NORTHERN NECK TRANSFER CORP., Defendant and Third Party Plaintiff, v. CAROLINA CASUALTY INSURANCE COMPANY, Third Party Defendant.

United States District Court, M. D. Pennsylvania.

June 2, 1980.

Attorney(s) appearing for the Case

Harvey Freedenberg, McNees, Wallace & Nurick, Harrisburg, Pa., for plaintiff.

Leon P. Haller, Purcell, Nissley, Krug & Haller, Harrisburg, Pa., for Northern Neck Transfer.

Keefer, Wood, Allen & Rahal, Francis J. O'Gorman, Jr., Harrisburg, Pa., for Carolina Casualty Ins. Co.

MEMORANDUM

RAMBO, District Judge.

Daily Express, Inc. (Daily) entered into a "trip lease" agreement with Northern Neck Transfer Corporation (Northern) on November 7, 1978. Under the terms of the lease Northern leased a truck and a driver to Daily. While operating the vehicle subject to the terms of the trip lease, Northern's driver-employee became involved in an accident in West Virginia. Daily and Northern have stipulated that the negligence of Northern...

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