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SOUTHERN TRUST INS. CO. v. CLARK

56816, 56817.

148 Ga. App. 579 (1978)

251 S.E.2d 823

SOUTHERN TRUST INSURANCE COMPANY v. CLARK et al. COMMERCIAL UNION INSURANCE COMPANY v. SOUTHERN TRUST INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Decided December 5, 1978.

Rehearing Denied December 20, 1978.

Attorney(s) appearing for the Case

Kinney, Kemp, Pickell, Avrett & Sponcler, John T. Avrett, for appellant (Case No. 56816).

Smith, Shaw, Maddox, Davidson & Graham, James D. Maddox, Mitchell, Mitchell, Coppedge, Boyett & Wester, William T. Boyett, Erwin Mitchell, Eugene S. Taylor, for appellees (Case No. 56816).

James D. Maddox, for appellant (Case No. 56817).

John T. Avrett, William T. Boyett, Erwin Mitchell, Eugene S. Taylor, for appellees (Case No. 56817).

BIRDSONG, Judge.

The appellant Southern Trust Insurance Co. brings this appeal to an adverse result in its action for declaratory judgment. Cross appellant, Commercial Union Trust Insurance Co. appeals the dismissal of its counterclaim, and denial of its motion for summary judgment.

The facts show that Sutton and Amos were employees of the Dalton Coca-Cola Bottling Co. The manager of the bottling company was one Marshall. Both

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