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CLIMATROL INDUSTRIES, INC. v. HOME INDEMNITY COMPANY

Civ. A. No. 13426.

316 F.Supp. 314 (1970)

CLIMATROL INDUSTRIES, INC. v. HOME INDEMNITY COMPANY, Defendant, T & B Builders, Inc., Defendant and Third-Party Plaintiff, United Bonding Insurance Co., Third-Party Defendant.

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

On Motion to Dismiss July 21, 1970.

Attorney(s) appearing for the Case

Maley & Crawe, Atlanta, Ga. for Climatrol Industries, Inc.

Swift, Currie, McGhee & Heirs, Atlanta, Ga., for United Bonding Ins. Co.

Smith, Currie & Hancock, Atlanta, Ga., for Home Indem. Co. and T & B Builders, Inc.

ORDER

ALBERT J. HENDERSON, Jr., District Judge.

By this order, the court considers the motion to strike of third party defendant United Bonding Insurance Company (hereinafter referred to as United), against T & B Builders, Inc. (hereinafter referred to as T & B). United seeks to strike from T & B's complaint its request for the statutory penalty and attorney's fees for the bad faith refusal of an insurer to pay compensation for a loss which is...

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