Millers National Insurance Company v. Axel's Express, Inc.

851 F.2d 267 MILLERS NATIONAL INSURANCE COMPANY; John Caulfield, dba Caulfield Trucking; Donald Preston Thurman, Plaintiffs-Counter-Defendants-Appellants, and Interstate Truck Underwriters, Inc., Plaintiff-Counter-Defendant, v. AXEL'S EXPRESS, INC., Defendant-Appellee, Fireman's Fund Insurance Company, Defendant-Counter-Claimant-Appellee. No. 87-6606. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1988. Decided July 1, 1988. Charles M. Farano and Jeffrey L. Farano, Farano and Kieviet, Anaheim, Cal., for appellants. Kurt A. Moll, Rigg and Dean, Santa Ana, Cal., for appellees. Appeal from the United States District Court for the Central District of California. Before HUG, KOZINSKI and THOMPSON, Circuit Judges. HUG, Circuit Judge: 1 This is an appeal from a dismissal for lack of jurisdiction. The sole issue is whether a federal district court has federal-question jurisdiction over a dispute between two insurance companies for coverage of an accident involving an interstate motor carrier regulated under federal law. We affirm. FACTS 2 On June 16, 1985, Donald Thurman was driving a truck owned by Caulfield Trucking ("Caulfield") and leased to Axel's Express,…