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LUMBERMEN'S MUTUAL CASUALTY COMPANY, INC. v. PATTILLO CONSTRUCTION COMPANY, INC.

68695.

172 Ga. App. 452 (1984)

323 S.E.2d 649

LUMBERMEN'S MUTUAL CASUALTY COMPANY, INC. v. PATTILLO CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

Rehearing Denied October 29, 1984.

Attorney(s) appearing for the Case

Stephen L. Cotter, Sergio O. Alvarez, Jonathan M. Engram, for appellant.

Lowell S. Fine, G. Michael Banick, for appellee.

SOGNIER, Judge.

Lumbermen's Mutual Casualty Company, as subrogee to Jack Greene, filed suit against Pattillo Construction Company, Inc. (Pattillo) for damages to a building constructed by Pattillo for Greene. The complaint sounded in tort, warranty, and breach of contract, relying on the written agreement between Greene and Pattillo. Pattillo moved for summary judgment, asserting as a bar the six-year statute of limitation for actions arising under a written contract...

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