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TENSTATE DISTRIBUTION COMPANY v. AVERETT

Civ. A. No. C 74-432 A.

397 F.Supp. 1227 (1975)

TENSTATE DISTRIBUTION COMPANY, Plaintiff, v. Julian AVERETT, Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

On Cross-Motions for Summary Judgment June 14, 1975.

Attorney(s) appearing for the Case

Jule W. Felton, Jr., Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for plaintiff.

Sheldon R. Wittner, Wilkinson & Wittner, Atlanta, Ga., for defendant.

ORDER

JAMES C. HILL, District Judge.

This action for declaratory judgment and specific performance is before the Court on cross motions for summary judgment. Most of the pertinent facts surrounding the controversy appear not to be disputed.

On October 7, 1964, D. H. Overmyer Warehouse Company of Georgia1 [hereinafter, Overmyer (Georgia)] granted plaintiff a ten year lease to a portion of the premises known as 3141 Nifda...

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