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J. F. BARTON CONTRACTING CO. v. SOUTHERN R. CO.

77729, 77730.

191 Ga. App. 13 (1989)

380 S.E.2d 724

J. F. BARTON CONTRACTING COMPANY v. SOUTHERN RAILWAY COMPANY. J. F. BARTON CONTRACTING COMPANY v. CENTRAL OF GEORGIA RAILROAD COMPANY.

Court of Appeals of Georgia.

Rehearing Denied March 23, 1989.

Attorney(s) appearing for the Case

Young & Murphy, Robert G. Young, for appellant.

Troutman, Sanders, Lockerman & Ashmore, Rebecca G. McLemore, Kevin C. Greene, for appellees.

POPE, Judge.

In 1974, appellees filed suit in Clayton County Superior Court against appellant seeking to collect demurrage charges allegedly owed by appellant. These actions were brought pursuant to the provisions of the federal Interstate Commerce Act. (Currently codified as 49 USCA § 101 et seq.) No orders were filed in the cases between 1982 and 1987. To avoid the automatic dismissal of the cases mandated by OCGA § 9-11-60, appellees voluntarily dismissed...

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