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EVI EQUIP., INC. v. NORTHERN INS. CO.

71406.

178 Ga. App. 197 (1986)

342 S.E.2d 380

EVI EQUIPMENT, INC. v. NORTHERN INSURANCE COMPANY OF NEW YORK.

Court of Appeals of Georgia.

Decided March 10, 1986.

Attorney(s) appearing for the Case

Alfred L. King, Jr., for appellant.

Robert M. Darroch, John W. Chambers, Samuel P. Pierce, Jr., for appellee.

BENHAM, Judge.

Appellee insurance company filed a petition in the State Court of Fulton County, seeking a declaratory judgment pursuant to OCGA § 9-4-2 to determine the extent of its liability under a contract of insurance with appellant, EVI Equipment, Inc. ("EVI"), the insured. EVI moved to dismiss the case for lack of subject matter jurisdiction, contending that under OCGA § 9-4-2 (a) and (b), the Declaratory Judgment Act, only the superior court has...

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