FULTON FINANCIAL CORPORATION v. OGLETHORPE POWER CORPORATION

40571.

252 Ga. 116 (1984)

313 S.E.2d 487

FULTON FINANCIAL CORPORATION et al. v. OGLETHORPE POWER CORPORATION.

Supreme Court of Georgia.

Decided February 9, 1984.


Attorney(s) appearing for the Case

Hansell & Post, John G. Parker, Morris & Manning, David W. Porter, Lee, Lynch & Lamb, George E. Lee, for appellants.

Harvey, Willard, Elliott & Olsen, Wendell K. Willard, William L. Meck II, for appellee.

King & Spalding, Charles H. Tisdale, Jr., Robert D. Boyd, Troutman, Sanders, Lockerman & Ashmore, Donald W. Janney, J. Kirk Quillian, amici curiae.


BELL, Justice.

Judgment affirmed without opinion pursuant to Rule 59 (Code Ann. § 24-4559).

All the Justices concur, except Hill, C. J., Clarke and Gregory, JJ., who dissent.

CLARKE, Justice, dissenting.

This case raises the issue of whether a party possessing the right of eminent domain is entitled to a court order granting a right of entry upon private property prior to the payment of compensation for such a right. The trial court...

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