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U.S. FIDELITY AND GUAR. CO. v. MAYBERRY

No. CIV-1-91-404.

789 F.Supp. 901 (1992)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. Glenn Dean MAYBERRY, Defendant. CAPITAL BANK, Intervening Defendant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Counter-Defendant.

United States District Court, E.D. Tennessee, at Chattanooga.

March 13, 1992.

Attorney(s) appearing for the Case

R.R. Ruth, Jr., Luther Anderson Cleary & Ruth, Chattanooga, Tenn., for plaintiff.

Joseph E. Willard, Jr., Rossville, Ga. and C. Donald Peppers, LaFayette, Ga., for defendant.

Robert L. Lockaby, Jr., Gearhiser, Peters & Horton, Chattanooga, Tenn., for intervenor.

MEMORANDUM

EDGAR, District Judge.

Plaintiff United States Fidelity Insurance Company brought this action seeking a declaratory judgment that it is not obligated to pay a claim by defendant Glenn Dean Mayberry under an insurance policy issued by plaintiff on certain premises located in Rossville, Georgia. Plaintiff alleges that defendant caused or procured the explosion and fire that destroyed the structure and its contents. Plaintiff also alleges that defendant...

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