B. L. Ivey Construction Co. v. Pilot Fire & Casualty Co.

ORDER

EDENFIELD, District Judge.

In this actioij on an insurance policy both the plaintiffs and the defendant have asked the court for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated herein the court grants plaintiffs’ motion and denies that of defendant.

Under the terms of Rule 56, supra, summary judgment can only be granted where there is “no genuine issue as to any material fact” and the decision is one of law. On a motion for summary judgment this court is precluded from trying issues of fact.

The court has found, after a thorough study of…