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LOUDERMILK v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 14633.

207 F.2d 881 (1953)

LOUDERMILK et al. v. FIDELITY & CASUALTY CO. OF NEW YORK.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 22, 1953.

Attorney(s) appearing for the Case

G. Seals Aiken, Atlanta, Ga., for appellants.

H. D. Russell, T. Reese Watkins, John B. Harris, Jr., Harris, Russell, Weaver & Watkins, Macon, Ga., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

When this cause was here before1 it was on the appeal of defendants Loudermilk and Brooks, from a summary judgment in plaintiff's favor. Saying:

"This is not the kind of case that can be settled on summary judgment. It is peculiarly the kind of case where the triers of fact whose business it is not only to hear what men say but to search for and find the roots from which the sayings spring, should be afforded...

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