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PEACH STATE UNIFORM SERVICE, INC. v. AMERICAN INS. CO.

No. 73-3720.

507 F.2d 996 (1975)

PEACH STATE UNIFORM SERVICE, INC., Plaintiff-Appellant, v. The AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 7, 1975.

Attorney(s) appearing for the Case

E. A. Simpson, Jr., Richard H. Sinkfield, Atlanta, Ga., for plaintiff-appellant.

Sam F. Lowe, Jr., Atlanta, Ga., for defendant-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

On the night of July 30, 1971, after heavy rains, part of the foundation of the Peach State Building in Atlanta, Georgia, gave way and a portion of the building collapsed. Peach State Uniform Company (Peach State), the tenant of the building and plaintiff in this diversity case, lost personal property in the disaster. In time Peach State brought this suit to recover its losses from defendant American Insurance Company (American), with whom...

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