GUNTER, Justice.
This is an appeal from a judgment that denied plaintiff appellant's motion for summary judgment against a third-party defendant, the appellee. The trial judge certified the judgment for review.
The judgment appealed from held that the appellee had not been served with the third-party complaint, had not appeared and pleaded or waived service, and "it further appearing to the court that there is a genuine issue as to one or more material facts...
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