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BENNETT IRON WORKS, INC. v. UNDERGROUND ATL., INC.

48698.

130 Ga. App. 653 (1974)

204 S.E.2d 331

BENNETT IRON WORKS, INC. v. UNDERGROUND ATLANTA, INC.

Court of Appeals of Georgia.

Decided January 25, 1974.

Attorney(s) appearing for the Case

Ernest J. Nelson, Jr., for appellant.

Ernest D. Brookins, for appellee.

QUILLIAN, Judge.

Bennett Iron Works, Inc. (hereinafter referred to as Bennett) commenced this action in rem to foreclose a lien for labor used and materials furnished by Bennett for the improvement of premises occupied by Underground Atlanta, Inc. (hereinafter referred to as Underground) under a 99-year lease. The complaint was amended to include a demand for judgment in personam in addition to the in rem action. The case came on for trial before the court sitting...

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