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DeKALB COUNTY v. PMS CONSTRUCTION CO.

56555, 56556, 56557.

148 Ga. App. 413 (1978)

251 S.E.2d 334

DeKALB COUNTY et al. v. PMS CONSTRUCTION COMPANY, INC. et al. HOWELL et al. v. PMS CONSTRUCTION COMPANY, INC. et al. ADAMS v. PMS CONSTRUCTION COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided November 22, 1978.

Rehearing Denied December 13, 1978.

Attorney(s) appearing for the Case

George P. Dillard, Gail C. Flake, for appellants (Case No. 56555).

William L. Bost, Jr., Charles H. Ivy, Donald A. Weissman, for appellants (Case No. 56556).

Davis & Stringer, Robert H. Stringer, for appellant (Case No. 56557).

Simmons, Warren & Szczecko, Joseph Szczecko, Bost & Ivy, William L. Bost, Jr., Chuck Watson, Davis & Stringer, Robert H. Stringer, J. Larry Palmer, Katz, Weissman & Loftis, Donald A. Weissman, George P. Dillard, Gail C. Flake, for appellees.

DEEN, Presiding Judge.

1. This suit was filed October 14, 1975. The summary judgment motions came on for hearing in April, 1978. The court after argument took the case under advisement. Not until April 28, in answer to the Count 5 amendment, did DeKalb County seek to raise the defense of sovereign immunity. This was after the county had filed a prior suit for specific performance of the contract and after it had filed a counterclaim in the pending action. On May 15...

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