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GALBRAITH v. CITY OF SPARTANBURG

19166

255 S.C. 380 (1971)

179 S.E.2d 37

Mary Oeland GALBRAITH, James W. Oeland and Raymond W. Oeland, Appellants, v. The CITY OF SPARTANBURG, Respondent.

Supreme Court of South Carolina.

February 4, 1971.

Attorney(s) appearing for the Case

Messrs. Harvey W. Johnson, and James A. Creal, of Spartanburg, and J. Wesley Drawdy, of Columbia, for Appellants.

T.E. Walsh, Esq., of Spartanburg, for Respondent.

Messrs. Harvey W. Johnson, and James C. Creal, of Spartanburg, and J. Wesley Drawdy, of Columbia, for Appellants, in Reply.

February 4, 1971.

Per Curiam:

This appeal is from an order of the lower court sustaining a demurrer to the first cause of action asserted in appellants' complaint. For the reasons set forth in said order, reported herewith, the demurrer was properly sustained. It should be noted, we think, that in the condemnation proceeding a decree of the court was entered in accordance with the settlement agreed upon. Such being the case, the settlement clearly became...

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