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AMERICAN SURETY CO. v. SUTHERLAND

No. 2238 C. A.

35 F.Supp. 353 (1940)

AMERICAN SURETY CO. v. SUTHERLAND et al.

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

November 1, 1940.

Attorney(s) appearing for the Case

Wright & Willingham, of Rome, Ga., for plaintiff.

J. A. Gregory, of Calhoun, Ga., for the administrator.

Wm. F. Buchanan, of Atlanta, Ga., Y. A. Henderson, and R. F. Chance, both of Calhoun, Ga., and C. D. McCutchen, of Dalton, Ga., and J. H. Paschall, of Calhoun, Ga., for remaining defendants.

RUSSELL, District Judge.

In this proceeding the American Surety Company seeks a declaratory judgment that the terms of an insurance policy have been breached and that its liability under the policy be decreed, and for a declaration of nonliability.

Findings of Fact.

1. That on the 30th day of March, 1938, the American Surety Company issued to Vaughn Sutherland its policy of automobile liability insurance with limit of $10,000 liability.

2...

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