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PREFERRED RISK MUTUAL INS. CO. v. COMMERCIAL UNION INS. CO.

44842.

121 Ga. App. 367 (1970)

173 S.E.2d 730

PREFERRED RISK MUTUAL INSURANCE COMPANY et al. v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK.

Court of Appeals of Georgia.

Decided February 26, 1970.

Rehearing Denied March 13, 1970.

Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, C. B. Rogers, John C. Gray, for appellants.

Lokey & Bowden, Glenn Frick, Tisinger & Tisinger, Gerald Handley, for appellee.

WHITMAN, Judge.

This case involves a declaratory judgment action and the grant of a summary judgment for the plaintiff therein.

Mr. and Mrs. Padden L. Suddeth filed an action in the Superior Court of Carroll County, Ga., for damages for the alleged wrongful death and burial expenses of their son. Their complaint alleged that their son was killed on May 18, 1968, as a result of the negligence of James W. Wilson and Ghent Waite Wilson in the operation of a 1963...

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