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DEBORD v. PROPLES BEN. LIFE INS. CO.

Civil Action No. 1:06-cv-2884-TCB.

565 F.Supp.2d 1350 (2008)

Charles DeBORD, Jr., Plaintiff, v. PEOPLES BENEFIT LIFE INSURANCE COMPANY, Defendant.

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

June 10, 2008.

Attorney(s) appearing for the Case

Allen L. Broughton, Broughton & Fernandez, Brian C. McCarthy, Law Office of Brian C. McCarthy, Roswell, GA, James F. Imbriale, Hartman-Imbriale, LLP, Woodstock, GA, for Plaintiff.

H. Sanders Carter, Jr., Michael Patrick Johnson, Smith Moore, LLP, Lisa R. Richardson, Mozley, Finlayson & Loggins LLP, Atlanta, GA, for Defendant.

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

I. Background

Charles DeBord, Sr. passed away on November 29, 2002. Cherokee County police officers found him in the driver's seat of his car with his seatbelt fastened and no visible signs of trauma. His vehicle was on the side of a highway, on a downward-sloped embankment. It had no significant damage, and there was no evidence that it had collided with another vehicle or any stationary object...

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