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ELLINGTON v. TOLAR CONSTRUCTION CO.

53668.

142 Ga. App. 218 (1977)

235 S.E.2d 729

ELLINGTON v. TOLAR CONSTRUCTION COMPANY et al.

Court of Appeals of Georgia.

Decided April 18, 1977.

Rehearing Denied May 6, 1977.

Attorney(s) appearing for the Case

Thomas Henry Nickerson, for appellant.

Freeman & Hawkins, Joe C. Freeman, Jr., Powell, Goldstein, Fraser & Murphy, Robert W. Patrick, Jerry B. Blackstock, for appellees.

DEEN, Presiding Judge.

1. The appellant does not attack the substantive merits of the summary judgment granted to the appellee; he does however attack the procedure by which that motion was brought and acted upon by the trial judge. We are cited to Summer-Minter & Associates v. Giordano, 231 Ga. 601 (203 S.E.2d 173) for the proposition that having once made a motion for summary judgment...

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