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U. S. FIDELITY &c. CO. v. BARNES

44759.

120 Ga. App. 593 (1969)

171 S.E.2d 632

UNITED STATES FIDELITY & GUARANTY COMPANY v. BARNES.

Court of Appeals of Georgia.

Decided October 10, 1969.

Rehearing Denied November 5, 1969.

Attorney(s) appearing for the Case

McCamy, Minor, Phillips & Tuggle, Carlton McCamy, for appellant.

Herman J. Spence, Bobby C. Milam, for appellee.

EVANS, Judge.

Apparently counsel for the defendant assumed that the entire policies of insurance were attached to the petition, when in fact, only the face of the renewal policy is attached as an exhibit. Defendant sought to pierce the allegations of the petition on summary judgment by having the court consider the pleadings, the exhibits, the answer and depositions taken, all of which it contends would demand a judgment in its favor. A

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