CONNELL, District Judge.
This cause is before the Court on a motion for summary judgment, filed by Paterson and Sons (hereinafter called Paterson), the defendant and third-party plaintiff in the case, against the plaintiff Alonzo McKnight. Since under Fed. Rules Civ.Proc., Rule 56, 28 U.S.C.A., the pleadings, depositions and admissions on file, together with any affidavits, must show that there is no genuine issue of material fact before a summary judgment can be...
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