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OVBEY v. CONTINENTAL INS. CO.

Civ. A. No. C84-1617A.

613 F.Supp. 726 (1985)

David L. OVBEY and Nora G. Ovbey, Plaintiffs, v. CONTINENTAL INSURANCE COMPANY, Defendant.

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

June 25, 1985.

Attorney(s) appearing for the Case

H. Sanders Carter, Jr., Carter, Ansley, Smith & McLendon, Atlanta, Ga., for plaintiffs.

Clayton H. Farnham, Drew, Eckl & Farnham, Atlanta, Ga., for defendant.

ORDER

FORRESTER, District Judge.

This action, for breach of an insurance contract, is before the court on cross motions for summary judgment. The defendant contends that the cause of the foundation wall collapsing on plaintiff's house was the result of either a latent defect or of water pressure below ground exerted on the foundation wall, both of which are excluded risks from the policy. The plaintiff has moved for summary judgment that the cause of the...

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