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CITY OF BARNESVILLE v. LITTLEJOHN

No. A03A2474.

590 S.E.2d 376 (2003)

264 Ga. App. 185

CITY OF BARNESVILLE v. LITTLEJOHN.

Court of Appeals of Georgia.

Reconsideration Denied November 17, 2003.

Attorney(s) appearing for the Case

Elarbee, Thompson & Trapnell, J. Lewis Sapp, William A. Pinto, Jr., Atlanta, for appellant.

Don E. Snow, Thomaston, for appellee.

ELDRIDGE, Judge.

Jesse Littlejohn applied for disability retirement benefits pursuant to the City of Barnesville's ("City") retirement plan. Benefits were denied, and Littlejohn filed suit in the Superior Court of Lamar County. Each party filed a motion for summary judgment. Without asserting a factual basis, the superior court denied both motions, finding that "there are remaining issues of material fact for jury resolution." We granted the City's application for...

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