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CITY OF MARYVILLE v. WATERS

338 S.W.2d 608 (1960)

CITY OF MARYVILLE v. P.A. WATERS and wife, Mary Ada Waters and Proffitts, Inc.

Supreme Court of Tennessee.

Rehearing Denied October 7, 1960.

Attorney(s) appearing for the Case

Goddard & Gamble, Maryville, for appellant.

Rom Meares, Maryville, for appellees.

PREWITT, Chief Justice.

This appeal involves the question of the refusal of the trial court to restore this case to the docket for the purpose of determining who is entitled to the sum of $320, paid into the Registry of the Court, which was the amount awarded by the Jury of View in a condemnation case instituted by the City of Maryville.

It seems that the City instituted a condemnation proceeding against P.A. Waters

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