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TUOMEY HOSPITAL v. CITY OF SUMTER

18170

243 S.C. 544 (1964)

134 S.E.2d 744

The TUOMEY HOSPITAL, Respondent, v. The CITY OF SUMTER, Clifton G. Brown, as Mayor, and James Cuttino, James D. Harrelson, M.D. Mazursky and Robert D. Palmer, as Councilmen, constituting the City Council of said City of Sumter, Appellants.

Supreme Court of South Carolina.

February 13, 1964.

Attorney(s) appearing for the Case

C.M. Edmunds, Esq., of Sumter, for Appellants.

Messrs. R. Kirk McLeod and John D. Lee, Jr., of Sumter, for Respondent.

February 13, 1964.

TAYLOR, Chief Justice.

Respondent commenced this action seeking an injunction against Appellants to restrain them from condemning lands owned by Respondent in the City of Sumter. The Honorable James Hugh McFaddin issued a rule to show cause why Appellants should not be enjoined and restrained from proceeding with the condemnation proceeding.

Appellants in due time demurred to the complaint...

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