CITY OF DORAVILLE v. SOUTHERN RAILWAY COMPANY

26357.

227 Ga. 504 (1971)

181 S.E.2d 346

CITY OF DORAVILLE v. SOUTHERN RAILWAY COMPANY et al.

Supreme Court of Georgia.

Decided April 22, 1971.


Attorney(s) appearing for the Case

Gerstein & Carter, Joe W. Gerstein, for appellant.

Jones, Bird & Howell, Earle B. May, Jr., Greene, Buckley, DeRieux & Jones, John D. Jones, for appellees.


ALMAND, Chief Justice.

The appeal here is from an order dismissing a petition seeking injunctive relief. It appears that the parties in the court treated the motion as one for a judgment upon the pleadings and documentary exhibits thereto, which is permissible under the Civil Practice Act, Code Ann. § 81A-112.

The material allegations in the petition, as well as the allegations in the answer and motion to dismiss of the defendant were as follows...

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