Ruff v. Lee

Nichols, Justice.

The appellant contends that under the rationale of the decisions in Blocker v. Blackburn, 228 Ga. 285 (185 SE2d 56); Hall v. Stone, 229 Ga. 96 (189 SE2d 403), following Fuentes v. Shevin, 407 U. S. 67 (92 SC 1983, 32 LE2d 556), a finding that Code Ann. § 67-1506, supra, is unconstitutional is demanded and that it was error for the trial court to deny her motion for summary judgment.

*428The basic question presented by this appeal is whether the trial court erred in denying the appellant’s motion for summary judgment. If the statute attacked were to be declared unconstitutional, it…