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STATE HWY. DEPT. v. KNOX-RIVERS CONSTR. CO.

43014.

117 Ga. App. 453 (1968)

160 S.E.2d 641

STATE HIGHWAY DEPARTMENT v. KNOX-RIVERS CONSTRUCTION COMPANY.

Court of Appeals of Georgia.

Decided March 11, 1968.

Rehearing Denied March 26, 1968.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, Marshall R. Sims, Robert E. Sherrell, Assistant Attorneys General, John A. Sligh, Jr., for appellant.

Hull, Towill & Norman, Wyck A. Knox, Jr., Lawton Jordan, Jr., for appellee.

WHITMAN, Judge.

1. Whether the plaintiff's petition states a cause of action, as against the defendant's general demurrers, is to be resolved, as both parties point out in their briefs, by ascertaining from the contract upon whom the duty fell to locate a new source of soil for the road building project when the first soil pit failed.

The plaintiff's position is best illustrated by certain allegations in its petition...

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