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DEPARTMENT OF TRANSPORTATION v. MERRITT

34334.

243 Ga. 52 (1979)

252 S.E.2d 508

DEPARTMENT OF TRANSPORTATION v. MERRITT et al.

Supreme Court of Georgia.

Decided January 30, 1979.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, for appellant.

BOWLES, Justice.

The writ of certiorari was granted by this court on November 8, 1978, to review Division 4 of the Court of Appeals' opinion which upheld the trial court's award of attorney fees to the condemnee. DeKalb County v. Trustees &c., B. P. O. Elks, 242 Ga. 707 (1978) now controls, and would require a reversal of the award of attorney fees.

Judgment reversed. All the Justices concur, except Nichols, C...

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