MacMILLAN, HUGH, Associate Judge.
This appeal is from a summary judgment entered on behalf of the defendant appellee as based upon the issues framed by the pleadings, depositions, interrogatories and answers thereto appearing in the court file. For convenience, the appellant will be referred to herein as plaintiff and appellee as defendant. The trial court found in its summary judgment that there was no issue as to any material fact and that the defendant was entitled...
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