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STATE HIGHWAY DEPARTMENT v. ROSENFELD

44725, 44726.

120 Ga. App. 439 (1969)

170 S.E.2d 837

STATE HIGHWAY DEPARTMENT v. ROSENFELD et al. FRANCHISE REALTY INTERSTATE CORPORATION et al. v. STATE HIGHWAY DEPARTMENT et al.

Court of Appeals of Georgia.

Decided September 10, 1969.

Rehearing Denied October 3, 1969.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Richard L. Chambers, Robert E. Sherrell, Assistant Attorneys General, Thurman E. Duncan, Deputy Assistant Attorney General, Lennie F. Davis, for State Highway Dept.

Foley, Chappell, Hollis & Schloth, William J. Schloth, for Rosenfeld.

Hatcher, Stubbs, Land & Rothschild, Richard Y. Bradley, for Franchise Realty.

EBERHARDT, Judge.

The State Highway Department filed its petition to condemn 0.069 acres of land against Samuel Rosenfeld, the owner, Franchise Realty Interstate Corporation, the ground lessee, and Mr. and Me., Inc., the sublessee which operates a McDonald's drive-in restaurant on the premises. Condemnor and condemnees appealed to a jury in the superior court from the award of the special master, and after verdict and judgment the condemnees filed their motion for...

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