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McWHIRTER &c. CO. v. GA. PAPER STOCK CO.

43607.

118 Ga. App. 582 (1968)

164 S.E.2d 852

McWHIRTER MATERIAL HANDLING COMPANY, INC. et al. v. GEORGIA PAPER STOCK COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided October 1, 1968.

Rehearing Denied October 31, 1968.

Attorney(s) appearing for the Case

Shoob, McLain & Jessee, C. James Jessee, Jr., Thomas A. Rice, for appellants.

Samuel L. Eplan, James A. Mackay, George P. Dillard, Herbert O. Edwards, for appellees.

PANNELL, Judge.

This is an appeal by two of the defendants in the lower court, McWhirter Material Handling Company, Inc. and Travelers Insurance Company, its surety, based on an order of the trial court on January 22, 1968, overruling their motions to dismiss for failure to state a claim and for judgment on the pleadings, and reserving any ruling on motions to strike various allegations of the plaintiff, Georgia Paper Stock Company, Inc. A third defendant, DeKalb...

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