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SUMMERFORD v. COVENANT TRANSP.

No. 7:04CV5004.

370 F.Supp.2d 934 (2005)

Howard SUMMERFORD, Plaintiff, v. COVENANT TRANSPORTATION, and John-David A. Lands, Defendants, and B.D.R. Transport, Inc., a Vermont Corporation, and Commerce and Industry Insurance Company, a subsidiary of American International Group, a New York Insurance Corporation Intervenors.

United States District Court, D. Nebraska.

May 23, 2005.

Attorney(s) appearing for the Case

Jonathan S. Frizzell, Waystack, King Law Firm, Colebrook, NH, Maren L. Chaloupka, Robert P. Chaloupka, Chaloupka, Holyoke Law Firm, Scottsbluff, NE, for Plaintiff.

Robert F. Bartle, Bartle, Geier Law Firm, Thomas R. Lamb, Anderson, Creager Law Firm, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

PIESTER, United States Magistrate Judge.

Pending before me are several motions related to the distribution of the proceeds of the settlement reached between the plaintiff and defendants. The remaining dispute in this case is between the plaintiff and the intervening parties. The intervenor asserts a subrogation interest in the settlement proceeds and moves for distribution under Vermont statute, 21 V.S.A. § 624, (filing 43); the...

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