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AETNA CAS. & SUR. CO. v. FAIRCHILD

Civ. No. 83-1509.

620 F.Supp. 1245 (1985)

AETNA CASUALTY & SURETY COMPANY, a corporation, Plaintiff, v. Carl M. FAIRCHILD, John Francis Richards, Terry F. Kerr, Lana L. Kerr, and/or Carl M. Fairchild and Carl O. Fairchild, d/b/a Division I, American Universal Insurance Company and May Trucking Company, an Idaho corporation, Defendants. and Lela Robinson and Shanna Christopherson, Intervenors. GRANITE STATE INSURANCE COMPANY, a corporation, Plaintiff in Intervention, v. AETNA CASUALTY & SURETY COMPANY, a corporation, Carl M. Fairchild, John Francis Richards, and May Trucking Company, an Idaho corporation, Defendants in Intervention.

United States District Court, D. Idaho.

October 23, 1985.

Attorney(s) appearing for the Case

R.B. Kading, Jr., Howard W. Carsman, Eberle Berlin Kading Turnbow & Gillespie, Boise, Idaho, for Aetna Cas. & Sur. Co.

Gregory R. Giometti, Quane Smith Howard & Hull, Boise, Idaho, for American Universal Ins. Co.

Charles F. McDevitt, Givens McDevitt Pursley Webb & Buser, Boise, Idaho, for May Trucking Co.

John C. Hohnhorst, Hepworth Nungester & Felton, Twin Falls, Idaho, for Robinson and Christopherson.

R.B. Rock, Kirk B. Helvie, Moffatt Thomas Barrett & Blanton, Boise, Idaho, for Granite State Ins. Co.

MEMORANDUM OPINION

RYAN, District Judge.

I. INTRODUCTION

This declaratory judgment action arises from an automobile accident occurring on September 28, 1981, in Lemhi County, Idaho. The accident involved a collision between a 1973 Kenworth tractor/trailer rig and a passenger car. The truck was driven by Francis Richards, an employee of Carl M. Fairchild who was a passenger in the truck at the time...

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