Legal Opinion

Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance Company

Court of Appeals for the Fifth Circuit

Decided September 13, 1985No. 84-4676PublishedCited by 101 opinions

1Opinion of the Court

CLARK, Chief Judge:

Gary Dukes and Thomas Barber appeal the district court’s summary judgment in favor of South Carolina Insurance Company. Dukes and Barber contend that a state court judgment was res judicata on South Carolina’s summary judgment motion. They also contend that a genuine issue of material fact remained, making summary judgment inappropriate. Rejecting both contentions, we affirm.

Uncontested Facts

Dukes and Barber, doing business as D & B Dozer Service, purchased indemnity insurance for a 1971 tractor from South Carolina Insurance Company. The tractor was later destroyed by fire.…

2Cases cited14 opinions

  1. Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
  2. MacKay v. Uinta Development Co.Supreme Court of the United States · 1913
  3. Willie C. Covington v. Indemnity Insurance Company of North America and B. W. Iley, D/B/A Iley Poultry PlantCourt of Appeals for the Fifth Circuit · 1958
  4. Murray v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1985
  5. Charles Petty v. Ideco, a Division of Dresser Industries, Inc.Court of Appeals for the Fifth Circuit · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by101 opinions

  1. Clyde E. Williamson, D/B/A Triangle 44 Farms v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 1987
  2. James Skip Hulsey v. State of TexasCourt of Appeals for the Fifth Circuit · 1991
  3. Carney v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 2001
  4. Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
  5. United States v. KasuboskiCourt of Appeals for the Seventh Circuit · 1987

96 more not listed; retrieve them via the Exa API.

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