Payne v. Dixie Electric Co.

Deen, Presiding Judge.

Appellants Payne and Harper filed separate actions below, seeking to compel their former employer, appellee Dixie Electric Company (Dixie), to pay certain sums allegedly owed them; namely, the funds withheld by the employer for federal income tax purposes. Dixie answered, denying that any sums were owing; the parties subsequently filed cross motions for summary judgment, and the United States filed an amicus curiae brief. The trial court, holding that the two cases presented the same question of law, entered an order denying plaintiffs’ motions for summary judgment and…