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SMITH v. S.C. DEPT. OF HIGHWAYS & PUBLIC TRANS.

1184

296 S.C. 11 (1988)

370 S.E.2d 101

Robert W. SMITH and Robert Burnside, Appellants v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Zeta Partnership, Woodruff Road Development Co., L. Guerry Burnette and Nathanial E. Cain, Morris Construction Co., Bobby G. Williams, and Sarah G. Troutman, Golden Oaks Partnership, of whom South Carolina Department of Highways and Public Transportation is Respondent.

Court of Appeals of South Carolina.

Decided June 27, 1988.

Attorney(s) appearing for the Case

R. O'Neil Rabon, Jr., and G. Maurice Ashmore, Greenville, for appellants.

Thomas W. Traxler, Greenville, and John M. Cox, Columbia, for respondent.

Heard May 17, 1988.

Decided June 27, 1988.

SANDERS, Chief Judge:

Appellants Robert W. Smith and Robert Burnside brought this action for alleged damages to their property by respondent South Carolina Department of Highways and Public Transportation. The Circuit Court granted summary judgment for the Department based on releases previously signed by Mr. Smith and Mr. Burnside. We reverse and remand.

Mr. Smith and Mr. Burnside allege that the...

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