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DEPT. OF TRANSPORTATION v. LURIE

51797.

138 Ga. App. 9 (1976)

225 S.E.2d 687

DEPARTMENT OF TRANSPORTATION v. LURIE et al.

Court of Appeals of Georgia.

Decided February 16, 1976.

Rehearing Denied March 8, 1976.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, Warren Akin, William C. Joy, for appellant.

Troutman, Sanders, Lockerman & Ashmore, J. Kirk Quillian, White & Crane, Jere White, John L. Taylor, Jr., for appellees.

DEEN, Presiding Judge.

This appeal from the denial of partial summary judgment in a condemnation case involves only the construction of the following language in the deed conveying the property to the defendant Lurie: "Grantee agrees that should the Georgia State Highway Department ... demand within five years ... right-of-way over the said property for Highway I-75, such right-of-way, not to exceed 400 feet in width, shall be granted ... at the same average cost...

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