dissenting.
I would reverse. In my opinion, summary judgment was improper. I do not believe that one could properly conclude from the pleadings and affidavit, which were before the trial court, that there was no genuine issue of material fact.
dissenting.
I would reverse. In my opinion, summary judgment was improper. I do not believe that one could properly conclude from the pleadings and affidavit, which were before the trial court, that there was no genuine issue of material fact.