STATE SEC. INS. CO. v. WHITE

Civ. A. No. CV677-25.

498 F.Supp. 873 (1980)

STATE SECURITY INSURANCE COMPANY, Plaintiff, v. Donald A. WHITE, d/b/a Hurricane Rides et al., Defendants.

United States District Court, S. D. Georgia, Swainsboro Division.

October 15, 1980.


Attorney(s) appearing for the Case

Edgar A. Neely, Jr., John W. Winborne, III, Atlanta, Ga., for plaintiff.

W. M. Fulcher, Augusta, Ga., and Paul W. Calhoun, Jr., Vidalia, Ga., for Forwood, Kelley, Hamilton a/k/a Ted Forwood & Assoc.

Thomas B. Clifton, Jr., Lyons, Ga., for Otis Hall and John K. Hall.

Wilmer L. Salter, Vidalia, Ga., for Charnie Johnson.

William T. Whatley, Vidalia, Ga., for Ronald Morris, Pamela Diane Smith, Shirley Sue Joy, Virginia Lois Adkins, Mona Faye Jenrette, Ernest Cox, Mrs. Larry Eggert, James Bahr, Tony Lee Miller, Vicky Cox, Gary Bahr, Jack Smith, Merle Joy, Emory Jenrette, Sr., Norman T. Miller.

Ollie Ben Butler, Jr., Tampa, Fla., for Donald White.

Philip L. Merkel, Savannah, Ga., for E. Brownlee.


ORDER

BOWEN, District Judge.

On September 12, 1977, plaintiff-insurer filed this action seeking a declaration of its duty to pay any judgment which may have been entered against its insured, defendant Donald White, d/b/a Hurricane Rides. Both parties moved for summary judgment. After determining that Florida law governed, the Court denied the motions on the ground that plaintiff's liability turned upon a single unresolved question of fact. Subsequently,...

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