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ROBERSON et al. v. EVERGREEN ASSOCIATES, INC.

WEBB, Judge.

Plaintiff has failed to carry its burden of demonstrating that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law with respect to defendants' counterclaim. Accordingly it is sufficient to say, for reasons stated in Peachtree Bottle Shop v. Bessemer Securities Corp., 134 Ga. App. 729, the order granting summary judgment to plaintiff on the counterclaim must be reversed. Our ruling here, however, does not necessarily mean that defendants are entitled to finally prevail ( Ray v. Webster, 128 Ga. App. 217 ( 196 S.E.2d 175)), nor does it necessarily fix the law of the case. Grantham Transfer Co. v. Hawes, 225 Ga. 436 (1) ( 169 S.E.2d 290); Venable v. Grage, 116 Ga. App. 340 (1) ( 157 S.E.2d 519); E. Raymond Smith, Inc. v. Allstate Ins. Co., 127 Ga. App. 571, 572 (1) ( 194 S.E.2d 339).

Judgment reversed. Bell, C. J., and Marshall, J., concur.

SUBMITTED MAY 5, 1975 — DECIDED MAY 23, 1975.
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ROBERSON v. EVERGREEN ASSOCIATES, INC
(May 23, 1975)