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FITZGERALD WATER, LIGHT & BOND COMMISSION v. SHAW INDUSTRIES

No. A04A1799.

606 S.E.2d 10 (2004)

270 Ga. App. 68

FITZGERALD WATER, LIGHT & BOND COMMISSION v. SHAW INDUSTRIES, INC.

Court of Appeals of Georgia.

Reconsideration Denied October 14, 2004.

Certiorari Denied February 21, 2005.

Attorney(s) appearing for the Case

John T. Croley, Jr., Fitzgerald, for appellant.

Powell, Goldstein, Frazier & Murphy, William V. Custer IV, Jennifer B. Dempsey, Atlanta, Mixon & Mixon, Warren L. Mixon, Ocilla, for appellee.

ELLINGTON, Judge.

Fitzgerald Water, Light & Bond Commission ("the Commission") appeals from the superior court's order denying its motion for summary judgment on Shaw Industries, Inc.'s counterclaims based upon alleged overpayments for electrical service.1 Because the doctrine of voluntary payment bars Shaw Industries' claims, the trial court erred in denying the motion for summary judgment.

Summary judgment is proper when...

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