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WALDREP v. HALL COUNTY

26436.

227 Ga. 554 (1971)

181 S.E.2d 833

WALDREP v. HALL COUNTY.

Supreme Court of Georgia.

Decided May 6, 1971.

Attorney(s) appearing for the Case

Robert E. Andrews, for appellant.

Greer, Sartain, Carey & Cromartie, Tifton S. Greer, for appellee.

NICHOLS, Justice.

1. The first enumeration of error contends that a part of the property allegedly traversed by the road is inside the city limits of the City of Gainesville and that, therefore, the City of Gainesville is a necessary party to the litigation. Under the decision in County of Gordon v. Mayor &c. of Calhoun, 128 Ga. 781 (58 SE 360), relied upon by appellant the city would have been a proper party, but where the issue is whether the road

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