Greenbriar Shopping Center, Inc., Plaintiff-appellee, v. Lorne Company, Inc., Defendant-third Party Plaintiff-appellant, v. Texas Pacific Indemnity Company, Third-party Defendant-appellee, 424 F.2d 544 (5th Cir. 1970)

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U.S. Court of Appeals for the Fifth Circuit - 424 F.2d 544 (5th Cir. 1970) March 19, 1970

Appeal from the United States District Court for the Northern District of Georgia at Atlanta; Sidney O. Smith, Jr., Judge.

John D. Jones, C. Richard McQueen, Greene, Buckley, DeRieux & Jones, Atlanta, Ga., for appellant.

Gregg Loomis, Ben L. Weinberg, Jr., Sidney F. Wheeler, Long, Weinberg & Ansley, Atlanta, Ga., for appellees.

Before WISDOM, COLEMAN, and MORGAN, Circuit Judges.

PER CURIAM:


The construction of a sewer line caused the collapse of a building. Which of two insurance companies shall bear the loss? That is the ultimate issue in this litigation.

We adopt the opinion of the District Court, 310 F. Supp. 303 (N.D., Ga., 1969), and affirm the judgment rendered below.

Affirmed.

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