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CAUDLE v. WHIDDON

46977.

126 Ga. App. 21 (1972)

189 S.E.2d 875

CAUDLE et al. v. WHIDDON et al.

Court of Appeals of Georgia.

Decided April 3, 1972.

Attorney(s) appearing for the Case

Young, Young & Ellerbee, O. Wayne Ellerbee, for appellants.

Coleman, Blackburn, Kitchens & Bright, J. Converse Bright, for appellees.

HALL, Presiding Judge.

In an action for damages to a water supply from a leaking underground gasoline pipeline, the defendant service station owners appeal from the grant of summary judgment to the third-party defendant, the subcontractor who installed the line.

The court erred in granting the summary judgment. There are issues of material fact as to, among other things, the cause of the leak; whose negligence...

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