Per Curiam. Civ. R. 56(C), in pertinent part, provides: “ * # # Summary judgment shall be rendered forthwith if the pleadings, depositions * * * affidavits * * * timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. * * * A summary judgment shall not be rendered until it appears from such evidence…
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