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GEORGE L. SMITH AUTH. v. MILLER BREWING CO.

No. A02A0192.

566 S.E.2d 361 (2002)

255 Ga. App. 643

GEORGE L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY v. MILLER BREWING COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied June 5, 2002.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Kathleen M. Pacious, Deputy Atty. Gen., Owen, Gleaton, Egan, Jones & Sweeney, Timothy J. Sweeney, Atlanta, for appellant.

Swift, Currie, McGhee & Hiers, Bradley S. Wolff, Atlanta, Jeanne K. Strickland, Claxton, for appellee.

MILLER, Judge.

This case presents a single issue on undisputed facts: Does a written indemnity agreement obligate the indemnitor to pay the indemnitee's attorney fees where the agreement makes no mention of an obligation to defend the indemnitee or of an obligation to pay the indemnitee's attorney fees or expenses of litigation? We hold that no obligation to pay attorney fees arises in such an agreement and therefore affirm summary judgment in favor of the indemnitor...

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