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CITY OF LAVONIA v. POWERS

52796.

140 Ga. App. 323 (1976)

231 S.E.2d 93

CITY OF LAVONIA v. POWERS et al.

Court of Appeals of Georgia.

Decided October 20, 1976.

Rehearing Denied November 4, 1976.

Attorney(s) appearing for the Case

Whelchel, Dunlap & Gignilliat, George L. Simpson, III, James A. Dunlap, for appellant.

Shelfer, Shelfer & Eldridge, Frank M. Eldridge, Floyd W. Keeble, Jr., Andrew J. Hill, Jr., for appellees.

WEBB, Judge.

This appeal results from our grant of permission to take an interlocutory appeal from the denial of summary judgment to defendant municipal corporation. Since the municipality had no charter authority to provide fire protection services outside the city limits, and "the agreement on the part of the city to extinguish fires or to furnish water for that purpose was in the exercise of a governmental function" (Bagwell v. City of Gainesville,

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