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TRI-CITY SANITATION v. ACTION SANITATION SERVICE

26356.

227 Ga. 489 (1971)

181 S.E.2d 377

TRI-CITY SANITATION, INC. v. ACTION SANITATION SERVICE, INC. et al.

Supreme Court of Georgia.

Decided April 8, 1971.

Rehearing Denied April 22, 1971.

Attorney(s) appearing for the Case

Roland P. Smith, for appellant.

Charles J. Driebe, for appellees.

FELTON, Justice.

When the sufficiency of the complaint is questioned by a motion to dismiss for failure to state a claim for which relief may be granted, "the new rules require that it be construed in the light most favorable to the plaintiff with all doubts resolved in his favor even though unfavorable constructions are possible. Not unless the allegations of the complaint disclose...

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