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McBROOM v. ZEVALLOS

54320.

145 Ga. App. 375 (1978)

244 S.E.2d 19

McBROOM et al. v. ZEVALLOS.

Court of Appeals of Georgia.

Decided February 28, 1978.

Rehearing Denied March 21, 1978.

Attorney(s) appearing for the Case

Lokey & Bowden, Hamilton Lokey, Glenn Frick, Robert P. Bleiberg, Banks, Lambdin, Watson & Lindsey, Peter L. Banks, for appellants.

Beck, Goddard, Owen & Murray, Samuel A. Murray, for appellee.

DEEN, Presiding Judge.

1. The burden is on the defendant in its motion for summary judgment to affirmatively negative plaintiff's claim and show plaintiff is not entitled to recover under any theory of the case and this by evidence, which demands a finding to that effect." First of Ga. Ins. Co. v. Josey, 129 Ga.App. 14 (3a) (198 S.E.2d 381) (1973). The respondent is never required to...

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