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DITTLER BROS., INC. v. ALLENDALE MUT. INS. CO.

Civ. A. No. C79-1652A.

509 F.Supp. 514 (1981)

DITTLER BROTHERS, INCORPORATED, Plaintiff, v. ALLENDALE MUTUAL INSURANCE COMPANY, Factory Mutual Engineering Corporation and Factory Mutual Engineering Association, Defendants.

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

March 17, 1981.

Attorney(s) appearing for the Case

Eugene G. Partain, David C. Garrett, III, Gary G. Grindler and W. Gordon Hamlin, Jr., Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for plaintiff.

William H. Stanhope and A. James Anderson, Robins, Davis & Lyons, Atlanta, Ga., for defendants.

ORDER

ROBERT H. HALL, District Judge.

This case is before the court on defendants' motion for summary judgment. Jurisdiction being predicated on 28 U.S.C.A. § 1332, diversity of citizenship, Georgia law applies.

The issue presented in defendants' summary judgment motion is whether plaintiff's action was timely filed. The policy provides: "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law...

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