240 S.E.2d 551

ELLINGTON v. TOLAR CONSTRUCTION COMPANY et al.

32553.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1977.
DECIDED OCTOBER 20, 1977.

PER CURIAM.

On further consideration of the record in the present case, this court has reached the conclusion that the application for writ of certiorari was improvidently

Page 850

granted, and accordingly the case is dismissed.

Case dismissed. All the Justices concur, except Hall, J., who dissents, and Marshall, J., who is disqualified.

ARGUED SEPTEMBER 13, 1977 — DECIDED OCTOBER 20, 1977.
Certiorari to the Court of Appeals of Georgia — 142 Ga. App. 218
(235 S.E.2d 729) (1977).

Nickerson Gaulden, Thomas Henry Nickerson, for appellant.

Freeman Hawkins, Joe C. Freeman, Jr., William Q. Bird, Powell, Goldstein, Frazer Murphy, Robert W. Patrick, Jerry W. Blackstock, Karen Wildau, for appellees.

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