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NEWBERRY CTY. WATER & SEWER AUT. v. WELCO CONST. CO.

21704

278 S.C. 23 (1982)

292 S.E.2d 29

NEWBERRY COUNTY WATER AND SEWER AUTHORITY, Appellant, v. WELCO CONSTRUCTION AND UTILITIES CO., INC. and United States Fidelity and Guaranty Company, Respondents.

Supreme Court of South Carolina.

May 17, 1982.

Attorney(s) appearing for the Case

David W. Robinson, II, of Robinson, McFadden, Moore & Pope, Columbia, and Joseph W. Hudgens, of Pope & Hudgens, Newberry, for appellant.

Herbert W. Hamilton, of Whaley, McCutchen & Blanton, and Jackson L. Barwick, Jr., and Betty J. Gambrell, of Belser, Baker, Barwick & Toal, Columbia, and George Anthony Smith, of Smith, Currier & Hancock, Atlanta, Ga., for respondents.

May 17, 1982.

LEWIS, Chief Justice:

The issue to be decided is whether Newberry County is the proper venue for trial of the present action.

The plaintiff-appellant Newberry County Water and Sewer Authority (Authority) is a county-wide service authority (Act No. 119 of the 1963 Acts of the General Assembly and amendments thereto) with 1341 residential water taps serving an estimated 4700 people out of a county-wide 1970 population of approximately 29...

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