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WITHROW TIMBER CO. v. BLACKBURN

34641.

244 Ga. 549 (1979)

261 S.E.2d 361

WITHROW TIMBER COMPANY, INC. v. BLACKBURN et al.

Supreme Court of Georgia.

Decided October 30, 1979.

Attorney(s) appearing for the Case

Lawrence, Rice & Lawrence, George D. Lawrence, Jr., for appellant.

Erwin, Epting, Gibson & McLeod, Henry G. Garrard, III, Seaborn Ashley, Thomas A. Nash, Cathey & Strain, Dennis T. Cathey, for appellees.

MARSHALL, Justice.

We granted certiorari in this case to determine what burden is placed upon a party opposing a motion for summary judgment, in an action based on the doctrine of respondeat superior, where a party to the alleged employer-employee relationship moves for summary judgment, relying on affidavits unequivocally denying the existence of the agency relationship.

This is a wrongful-death action being prosecuted...

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