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BARTON & LUDWIG, INC. v. FIDELITY & DEPOSIT CO. OF MD.

Civ. A. No. C81-1869A.

570 F.Supp. 1470 (1983)

BARTON & LUDWIG, INC., and Hartford Accident & Indemnity Co., Plaintiffs, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND and St. Paul Fire and Marine Insurance Company, Defendants.

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

September 23, 1983.

Attorney(s) appearing for the Case

Walter B. McClelland, Henning, Chambers & Mabry, Atlanta, Ga., for plaintiffs.

W.H. Duckworth, Jr., Jonesboro, Ga., Philip C. Henry, Hart & Sullivan, Atlanta, Ga., for defendants.

ORDER

ROBERT H. HALL, District Judge.

This breach of contract action arises from the refusal of defendants, two insurance companies, to defend plaintiff Barton & Ludwig, Inc. when it was brought in as a third party defendant in a tort suit. Jurisdiction is pursuant to 28 U.S.C.A. § 1332. Presently pending before the court is defendants' motion to strike plaintiffs' claim for attorney's fees and other defense costs (totalling $12,235.30) expended...

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