DURST v. NEWBY

No. CV187-193.

685 F.Supp. 250 (1988)

John Russell DURST, Plaintiff, v. Olin NEWBY, Defendant.

United States District Court, S.D. Georgia, Augusta Division.

May 19, 1988.


Attorney(s) appearing for the Case

Sam G. Nicholson, Augusta, Ga., for plaintiff.

David H. Hanks, Fulcher, Hagler, Reed, Obenshain, Hanks & Harper, Augusta, Ga., Wilbur A. Orr, Washington, Ga., for defendant.


ORDER

EDENFIELD, District Judge.

Before the Court is defendant's motion for summary judgment. For reasons set forth below, the Court finds that the question of possession and control of the unidentified black cow presents a genuine issue of material fact, and that defendant is, therefore, not entitled to judgment as a matter of law.

I. BACKGROUND

On the night of April 29, 1987, plaintiff John Russell Durst was driving a tractor-trailer...

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