Akins v. City of Atlanta

Full title: AKINS et al. v. CITY OF ATLANTA

Court: Court of Appeals of Georgia

Date published: Jul 10, 1968

162 S.E.2d 809 (Ga. Ct. App. 1968)

162 S.E.2d 809

Opinion

43774.

SUBMITTED JULY 2, 1968.

DECIDED JULY 10, 1968.

Complaint. Fulton Superior Court. Before Judge Moore, Emeritus.

Robert L. Mitchell, David H. Fink, for appellants.

Henry L. Bowden, John E. Daugherty, for appellee.

HALL, Judge.

This appeal is from an order denying a motion for summary judgment. The trial judge certified that the order should be subject to review. This is the second appearance of this case in the Court of Appeals. City of Atlanta v. Akins, 116 Ga. App. 230 ( 156 S.E.2d 665).

There being a genuine issue on a material fact as to the respective ranks of various officers within the Police and Fire Departments of the City of Atlanta, the trial court did not err in overruling the motion for summary judgment.

Judgment affirmed. Bell, P. J., and Quillian, J., concur.

SUBMITTED JULY 2, 1968 — DECIDED JULY 10, 1968.