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J. J. BLACK & CO. v. CITY OF ATLANTA

42298.

114 Ga. App. 457 (1966)

151 S.E.2d 824

J. J. BLACK & COMPANY v. CITY OF ATLANTA et al.

Court of Appeals of Georgia.

Decided October 11, 1966.

Attorney(s) appearing for the Case

Westmoreland, Hall & Pentecost, Donald E. O'Brien, for appellant.

A. C. Latimer, J. Lee Perry, for appellees.

DEEN, Judge.

1. The Board of Education of the City of Atlanta is not a legal entity and has been given no statutory authority to sue or be sued in its own name. Where, therefore, it is a necessary party to an action, the only method of joining it as such is by suit against all of the individual members constituting the board. West v. Carroll, 201 Ga. 473 (1a) (39 S.E.2d 872). While it is "one of the regular boards of city government," it is comprised of elected...

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