B. L. IVEY CONSTRUCTION CO. v. PILOT FIRE AND CASUALTY CO.

Civ. A. No. 10705.

295 F.Supp. 840 (1968)

B. L. IVEY CONSTRUCTION COMPANY and Marietta Investors, Inc., d/b/a Overbrook Forest Apartments v. PILOT FIRE AND CASUALTY COMPANY.

United States District Court N. D. Georgia, Atlanta Division.

December 23, 1968.


Attorney(s) appearing for the Case

Huie & Harland, Atlanta, Ga., for plaintiffs.

Bryan, Carter, Ansley & Smith, Sam Lowe, Jr., Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for defendant.


ORDER

EDENFIELD, District Judge.

In this action on an insurance policy both the plaintiffs and the defendant have asked the court for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated herein the court grants plaintiffs' motion and denies that of defendant.

Under the terms of Rule 56, supra, summary judgment can only be granted where there is "no genuine...

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