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TOLAR CONSTRUCTION COMPANY v. ELLINGTON et al.

51174.

(139 Ga. App. 691)

(229 SE2d 507)

(1976)

DEEN, Presiding Judge.

Action for damages. Fulton Superior Court. Before Judge Wofford.

The decision of the Court of Appeals in this case (Tolar Construction Co. v. Ellington, 137 Ga. App. 847 (225 SE2d 66)) having been reversed by the Supreme Court (237 Ga. 235) our decision is herewith vacated and the judgment of the Fulton Superior Court is affirmed.

Thomas Henry Nickerson, John D. Lowery, for appellee.

Neely, Freeman & Hawkins, Richard P. Schultz, for appellant.

DECIDED SEPTEMBER 29, 1976.

TROTER v. ASHBAUGH. (139 Ga. App. 690) (229 SE2d 507) (1976)

Sunday October 12 01:24 CDT

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