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DEPT. OF TRANSPORTATION v. HARDIN

28311.

231 Ga. 359 (1973)

201 S.E.2d 441

DEPARTMENT OF TRANSPORTATION v. HARDIN et al.

Supreme Court of Georgia.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Marion O. Gordon, G. Thomas Davis, Assistant Attorney General, Ken Stula, Deputy Assistant Attorney General, for appellant.

Fortson, Bentley & Griffin, Edwin Fortson, for appellees.

MOBLEY, Chief Justice.

The Department of Transportation, condemnor, appeals from the grant of the condemnees' motions to strike certain pleadings, to delay possession, and for summary judgment. Certificate for immediate review was signed by the trial judge.

The condemnor brought proceedings under Ga. L. 1955, pp. 559-564 (Code Ann. Ch. 95-17A) to take described property for a limited access highway. It was alleged...

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