YATES, Judge.
The plaintiff, Charles Allen Johnson, appeals from a summary judgment in favor of the defendant, the City of Marion. The case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.
A summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that...
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