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CITY OF MACON v. SOU. BELL T. & T. CO.

34798.

89 Ga. App. 252 (1953)

79 S.E.2d 265

CITY OF MACON v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY.

Court of Appeals of Georgia.

Rehearing Denied November 25, 1953.

Attorney(s) appearing for the Case

E. S. Sell, Jr., Carlton Mobley, for plaintiff in error.

Martin, Snow & Grant, Ed Smith, contra.

GARDNER, P. J.

This proceeding was brought for a declaratory judgment under the provisions of the act of 1945 (Ga. L. 1945, pp. 137, 139), for the purpose of determining the liability of the City of Macon to defray the cost of removing the underground cables of the telephone company from a certain location on New Street in said city, which had been closed by the city. The act of the city, the telephone company urged, amounted to a taking of its property without just...

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