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CITY OF FITZGERALD v. NEWCOMER

63580, 63581.

162 Ga. App. 646 (1982)

291 S.E.2d 766

CITY OF FITZGERALD v. NEWCOMER et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied June 21, 1982.

Attorney(s) appearing for the Case

Buckner F. Melton, E. S. Sell, Jr., Richard B. Miller, for appellant.

W. Emory Walters, Ben B. Mills, Jr., G. Conley Ingram, Robert D. McCallam, Jr., for appellees.

CARLEY, Judge.

In 1914, the charter of the appellant-City of Fitzgerald (City) was amended to create the appellee-Water Light and Bond Commission of the City of Fitzgerald (Commission). The statute provided the Commission with the authority and power "to take charge of, operate and maintain the present system of water and lights in the City of Fitzgerald and improve the same . . . [P]rofits arising from the operation of said water and light plant and also all other...

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