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McLAUGHLIN v. DEPARTMENT OF TRANSPORTATION

39027.

250 Ga. 10 (1982)

297 S.E.2d 217

McLAUGHLIN v. DEPARTMENT OF TRANSPORTATION.

Supreme Court of Georgia.

Ordered September 29, 1982.

Attorney(s) appearing for the Case

A. Guy Smith, for appellant.

Michael J. Bowers, Attorney General, G. Conley Ingram, Charles S. Johnson III, Special Assistant Attorneys General, for appellee.

ORDER OF COURT.

Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied.

All the Justices concur, except Smith, J., who dissents.

SMITH, Justice, dissenting.

I would grant the application for certiorari. In my opinion the decision of the Court of Appeals is in direct conflict with Dept. of Transp. v. Driggers,

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