District Court, N.D. Georgia May 27, 1964, Civ. A. 8464 (Barker v. United States)

MORGAN, District Judge.

On May 1, 1964, the third party defendant herein moved the Court, pur

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suant to Rule 56 of the Federal Rules of Civil Procedure, for a summary judgment in the third party defendant’s favor, dismissing the third party action as to it on the ground that there is no genuine issue as to any material fact, and that the third party defendant is entitled to judgment as a