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M. A. R. T. A. v. McCAIN

50372.

135 Ga. App. 460 (1975)

218 S.E.2d 122

M. A. R. T. A. v. McCAIN.

Court of Appeals of Georgia.

Decided July 8, 1975.

Rehearing Denied July 16, 1975.

Attorney(s) appearing for the Case

Kennedy, Bussey, Sampson & Spaulding, Thomas G. Sampson, Ben W. Spaulding, W. Stell Huie, Terrence Lee Croft, for appellant.

Dunaway, Haas & Broome, Henry R. Stringfellow, Norris C. Broome, for appellee.

MARSHALL, Judge.

Metropolitan Atlanta Rapid Transit Authority (MARTA) appeals, under a certificate of review, from a denial of its motion to dismiss plaintiff-appellee's complaint for property damages filed in the Civil Court of Fulton County. The motion to dismiss was based on lack of subject matter jurisdiction and improper venue. Held:

Ga. L. 1965, pp. 2243, 2265 (the MARTA Act of 1965) provides in Section 10 (t), as follows: "(t) Any action to protect...

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