Georgia Power Company v. City of Griffin

Full title: GEORGIA POWER COMPANY v. CITY OF GRIFFIN; and vice versa

Court: Court of Appeals of Georgia

Date published: Jun 25, 1975

217 S.E.2d 482 (Ga. Ct. App. 1975)

135 Ga. App. 252

Opinion

50856, 50986.

ARGUED JUNE 17, 1975.

DECIDED JUNE 25, 1975.

Action on account. Spalding Superior Court. Before Judge Whalen.

Jones, Cork, Miller Benton, Wallace Miller, Jr., Troutman, Sanders, Lockerman Ashmore, Tench C. Coxe, for appellant.

Robert H. Smalley, Jr., for appellee.

WEBB, Judge.

We agree with the trial court that neither the plaintiff nor the defendant has carried its burden of demonstrating that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Accordingly the respective motions for summary judgment were properly denied.

Judgment affirmed. Bell, C. J., and Marshall, J., concur.

WEBB, Judge.

ARGUED JUNE 17, 1975 — DECIDED JUNE 25, 1975.