AMERICAN INDEMNITY COMPANY v. DAVIS

Civ. A. No. 348.

155 F.Supp. 47 (1957)

AMERICAN INDEMNITY COMPANY, Plaintiff, v. C. E. DAVIS, Jackie Clyde Davis, Marion E. Herndon, Mary George Bond, and Estella Phinizy, Defendants.

United States District Court M. D. Georgia, Athens Division.

September 4, 1957.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., Travers Hill, Atlanta, Ga., of counsel, for plaintiff.

C. Winfred Smith, Gainesville, Ga., for defendants Davis.

Carey Skelton, Jos. S. Skelton, Hartwell, Ga., Erwin, Nix, Birchmore & Epting, Athens, Ga., Eugene A. Epting, Athens, Ga., of counsel, for defendant Herndon.

Payne & Heard, Elberton, Ga., Howard B. Payne, Elberton, Ga., of counsel, for defendant Bond.

Mixon & Chambers, Augusta, Ga., William O. Carter, Hartwell, Ga., R. Lee Chambers, Augusta, Ga., of counsel, for defendant Phinizy.


DAVIS, Chief Judge.

This is a declaratory judgment action brought by the plaintiff Insurance Company for a declaration of "the status, duties and liabilities of the complainant" to the defendants, in connection with a policy of insurance issued by plaintiff Company to defendant, C. E. Davis and certain suits filed against said Davis and his son, Jackie Clyde Davis. In effect, the plaintiff here seeks a declaration of "no coverage", so as to be relieved from the defense...

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