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GARBUTT v. SOUTHERN CLAYS, INC.

No. 5:93-cv-433-1 (WDO).

894 F.Supp. 456 (1995)

Gordon S. GARBUTT, Jr., et al., Plaintiffs, v. SOUTHERN CLAYS, INC., et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

August 4, 1995.

Attorney(s) appearing for the Case

Benjamin M. Garland, Macon, GA, for plaintiffs Gordon S. Garbutt, Jr., Frank L. Garbutt, Mary Garbutt Mercer, Margaret Garbutt, Executrix of the Estate of Reese T. Garbutt, Deceased.

Richard Anthony Schneider, Atlanta, GA, for defendant Southern Clays, Inc., Rhode Island Charities Trust.

ORDER

OWENS, District Judge.

Before the court is defendant's motion for summary judgment. After careful consideration of the arguments of counsel, the relevant caselaw, and the record as a whole, the court issues the following order.

I. INTRODUCTION

Even though the law of the forum state governs the substantive aspects of this diversity case, "federal law controls the procedural aspects." Hammer v. Slater,

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