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WE TRY HARDER, INC. v. TRANSOUTHERN FREIGHT SYSTEM

No. 89-8419.

902 F.2d 24 (1990)

WE TRY HARDER, INC., Plaintiff-Appellee, v. TRANSOUTHERN FREIGHT SYSTEM, INC., dba, Pilot Air Freight Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended May 24, 1990.

Attorney(s) appearing for the Case

Rex David Smith, Stefan Ritter, Chambers, Mabry, McClelland & Brooks, Atlanta, Ga., for defendant-appellant.

Guerry R. Moore, Lynn M. Roberson, Swift, Currie, McGhee & Hiers, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, TUTTLE and RONEY, Senior Circuit Judges.

PER CURIAM:

Plaintiff We-Try-Harder, Inc. (WTH) leased a fleet of cars to defendant, Transouthern Freight System, Inc. One of the cars collided with a car driven by Ricky Thompson. Ricky Thompson recovered a judgment in the amount of $770,000 in a state negligence action against WTH as owner of the leased vehicle.

WTH had agreed to provide $250,000 liability insurance on each leased vehicle. It brought this action against Transouthern for the excess of the...

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