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BANK OF ACWORTH v. FIREMEN'S INS. CO. OF NEWARK, N. J.

Civ. A. No. 16068.

339 F.Supp. 1229 (1972)

BANK OF ACWORTH v. FIREMEN'S INSURANCE CO. OF NEWARK, NEW JERSEY.

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

March 20, 1972.

Attorney(s) appearing for the Case

Gettle, Jones & Fraser, Atlanta, Ga., for plaintiff.

Swift, Currie, McGhee & Hiers, Atlanta, Ga., for defendant.

ORDER

O'KELLEY, District Judge.

Pursuant to Rule 12(b) F.R.Civ.P., the defendant moves the Court to dismiss the Complaint on the grounds that it fails to state a claim upon which relief can be granted. In the alternative, the defendant moves the Court to strike from the plaintiff's Complaint, Paragraph 18, Count I in its entirety upon the ground that the costs and attorney's fees alleged therein are not recoverable in an action on a bond in the State of...

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