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BITUMINOUS CASUALTY CORPORATION v. R. D. C., INC.

Civ. A. No. 2324.

334 F.Supp. 1163 (1971)

BITUMINOUS CASUALTY CORPORATION et al. v. R. D. C., INC., The City of Chattanooga, Tennessee, d/b/a Electric Power Board of Chattanooga and Henry Burchard. R. D. C., INC., v. SOUTHERN UNIVERSAL MANUFACTURING COMPANY, formerly known as Southern Universal Textile Processors, Inc.

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

December 17, 1971.

Attorney(s) appearing for the Case

E. Lamar Gammage, Jr., Cedartown, Ga., for plaintiffs.

Luther, Anderson and Ruth, Chattanooga, Tenn., Stolz, Fletcher & Watson, Lafayette, Ga., for R.D.C. and Henry Burchard.

L. Hugh Kemp, Dalton, Ga., and Oscar M. Smith, Rome, Ga., for The City of Chattanooga.

ORDER

O'KELLEY, District Judge.

This is an action by four insurers, as subrogees, against the defendants for recovery of $398,502.75 paid to their insured Manhattan Sponging Works, Inc., which was allegedly a tenant in premises owned by defendant R.D.C., Inc. of Rossville, Georgia. That amount was paid to Manhattan for its property destroyed by fire which is alleged to have been negligently caused by the actions of defendants.

The plaintiffs are...

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