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SOUTHERN R. CO. v. STATE HWY. DEPT.

22195.

219 Ga. 435 (1963)

134 S.E.2d 12

SOUTHERN RAILWAY COMPANY v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided November 8, 1963.

Attorney(s) appearing for the Case

Bloch, Hall, Groover & Hawkins, Fortson, Bentley & Griffin, Charles J. Bloch, Ellsworth Hall, Jr., for plaintiff in error.

Eugene Cook, Attorney General, Carter Goode, E. J. Summerour, Assistant Attorneys General, John A. Darsey, contra.

CANDLER, Justice.

This litigation arose when the State Highway Department, acting for and in behalf of the State of Georgia, filed a proceeding in rem under Ch. 36-11 of the Code to condemn and thus acquire absolute title to a described strip of land in Jackson County for the purpose of widening and reconstructing and existing State-aid road. The area sought to be acquired is located in the City of Commerce and a portion of the Southern Railway Company's depot is...

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