
    44152.
    McCHARGUE v. BLACK GRADING CONTRACTORS, INC.
   Eberhaedt, Judge.

It was error to grant defendant’s motion for summary judgment where the pleadings, depositions and affidavits, summarized below, did not show that there was no genuine issue as to any material fact and that defendant was entitled to judgment as a matter of law. Accordingly, the judgment must be

Submitted January 8, 1969

Decided January 14, 1969.

Bullock, Yancey & Mitchell, Kyle Yancey, for appellant.

Hansell, Post, Brandon & Dorsey, Hugh E. Wright, for appellee.

Reversed.

Bell, P. J., and Deen, J., concur.  