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Pate v. Alian2/5/2002
trial court must examine whether the evidentiary materials offered substantiate the granting of judgment for the moving party. Spirgis v. Circle K Stores, Inc., 1987 OK CIV APP 45 , 793 P.2d 682 (approved for publication by the Oklahoma Supreme Court). The evidentiary materials of record herein establish the entitlement of Pizza Inn, Inc., to judgment as a matter of law. However, controverted issues of fact remain in regard to the potential liability of Rahman Alian, individually. Accordingly, we affirm the judgment in favor of Pizza Inn, Inc., and reverse the judgment in favor of Rahman Alian. The cause is remanded for further proceedings.
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