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STATE HIGHWAY DEPARTMENT v. SUMNER

37994.

102 Ga. App. 1 (1960)

115 S.E.2d 787

STATE HIGHWAY DEPARTMENT et al. v. SUMNER et al.

Court of Appeals of Georgia.

Rehearing Denied June 29, 1960.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, S. B. McCall, for plaintiffs in error.

Hugh D. Wright, Maxwell A. Hines, Edward Parrish, contra.

BELL, Judge.

The main question in this case is whether the court properly dismissed the appeal from the award of the assessors in a condemnation proceeding filed by the State Highway Department of Georgia. The grounds of the motion to dismiss are as follows: "Said appeal purporting to have been filed in behalf of the condemnor, State Highway Department of Georgia, shows on its face as a matter of law that the same was not filed by the said State Highway Department...

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