ALLSTATE INSURANCE CO. v. MONTGOMERY TRUCKING CO. OF GA.

Civ. A. No. 13808.

328 F.Supp. 415 (1971)

ALLSTATE INSURANCE COMPANY v. MONTGOMERY TRUCKING CO. OF GEORGIA, Inc., et al.

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

January 19, 1971.


Attorney(s) appearing for the Case

Long, Weinberg, Ansley & Wheeler, Atlanta, Ga., for plaintiff.

Wilkinson & Nance, Atlanta, Ga., for G.M.A.C.

Miles B. Sams, East Point, Ga., for Jerry Howard.

Neely, Freeman & Hawkins, Atlanta, Ga., for Herbert A. Duke, Gulf Oil Corp., Robert Myron Buice and James H. Collins.

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for American Mutual Ins. Co. and MacDougald Const. Co.

Mose S. Hayes, Atlanta, Ga., for Lloyd Skinner.

Lokey & Bowden, Atlanta, Ga., for Employers-Commercial Union Ins. Co of America.

Northcutt, Edwards, Doss & Germano, Atlanta, Ga., for Sara Sweat, Harold Lamar Harris, Douglas Carlton Harris, Bobby Carl Harris and Sara Harris Sweat, Adm'x of Estate of Winnie Forrester.

Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for Metropolitan Transit System, Inc. and Atlanta Transit System, Inc.

Lewis N. Jones, Atlanta, Ga., for Calvin M. Callaham, by Central Mut. Ins. Co.

Charles E. Muskett, East Point, Ga., for William Dowling, Ada Joe Dowling, and W. A. Turner as Adm'r of Estate of Joel A. Turner.

Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for Georgia Power Co.

William S. Rhodes, Atlanta, Ga., for Jersey Ins. Co. of N. Y.

Hurt, Hill & Richardson, Atlanta, Ga., for American Re-Insurance Co.

Harold Karp, Atlanta, Ga., for Mrs. Zelma Flowers.

Telford, Wayne & Stewart, Gainesville, Ga., for Montgomery Trucking Co. of Georgia, Inc.

Gambrell, Russell, Moye & Killorin, Atlanta, Ga., for Ins. Co. for North America and MacDougald-Warren, Inc.

Nall, Miller & Cadenhead, Atlanta, Ga., for Liberty Mutual Ins. Co.


ORDER

ALBERT J. HENDERSON, Jr., District Judge.

Plaintiff raises, by way of a motion to alter or amend pursuant to Rule 59 of the Federal Rules of Civil Procedure, an issue as to Allstate's continuing obligation to defend. Plaintiff also seeks to relitigate the question of its contractual duties to the insured under the terms of the policy, but the court will not again consider this latter issue, deferring to the discussion in its prior order dated November...

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