BELL, Chief Judge.
Defendant appeals from the denial of his second motion for summary judgment. The denial was certified for review. In a prior appeal of this case, we reversed the grant of summary judgment for defendant and held that the evidence adduced on the motion "failed to remove the material factual issues raised by the pleadings, i.e., the defendant's knowledge of the alleged custom, the defendant's negligence, and the plaintiff's contributory negligence...
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