GILBERT v. UNITED STATES FIDELITY & GUARANTY COMPANY

Civ. A. No. 408.

180 F.Supp. 794 (1959)

M. L. GILBERT, Jr., Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Accident & Casualty Insurance Company of Winterthur, Switzerland and Columbia Casualty Company, Defendants.

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

August 6, 1959.


Attorney(s) appearing for the Case

James Barrow, Athens, Ga., for plaintiff.

Louis D. Yancey, Jr., Taylor, Edwards & Yancey, Atlanta, Ga., for defendants.


BOOTLE, District Judge.

Each side has filed a motion for summary judgment contending that the pleadings show that such party is entitled to judgment as a matter of law. These motions, therefore, amount to motions for judgment on the pleadings under Fed.R.Civ.P. 12(c), 28 U.S.C.A.

The facts are as follows:

Prior to April 6, 1950, plaintiff was engaged in the business of selling gasoline, motor fuel and kerosene at retail to the public and maintained...

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