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CARMICHAEL v. GONZALEZ

40002.

107 Ga. App. 746 (1963)

131 S.E.2d 149

CARMICHAEL v. GONZALEZ.

Court of Appeals of Georgia.

Rehearing Denied May 9, 1963.

Attorney(s) appearing for the Case

Levy & Stonecypher, Jean Wm. Levy, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, James H. Moore, Earl B. Hay, Jr., contra.

FELTON, Chief Judge.

1. The granting of a summary judgment is error unless the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Code Ann. § 110-1203; Davis v. Holt, 105 Ga.App. 125, 130 (1c) (123 S.E.2d 686

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