C&S TRUST CO. v. PHILLIPS PETRO. CO.

A89A0269.

192 Ga. App. 499 (1989)

385 S.E.2d 426

CITIZENS & SOUTHERN TRUST COMPANY et al. v. PHILLIPS PETROLEUM COMPANY, INC. et al.

Court of Appeals of Georgia.

Rehearings Denied July 27, 1989.


Attorney(s) appearing for the Case

Kennedy, Lewis, Smart & Brannon, Don Smart, for appellants.

Carr, Tabb & Pope, W. Pitts Carr, Hunter, Maclean, Exley & Dunn, Molly M. Howard, Wayne S. Racz, Karsman, Brooks, Painter & Callaway, Dana F. Braun, Bouhan, Williams & Levy, Roy E. Paul, Walter C. Hartridge, Susan B. Paul, Eric E. Huber, for appellees.


CARLEY, Chief Judge.

On May 29, 1987, appellant-plaintiffs filed suit, seeking to recover for damage to their commercial real property. According to the allegations of the complaint, gasoline had leaked from underground storage tanks located at two nearby service stations, and this gasoline had eventually invaded appellants' property. Appellee-defendants answered and raised, among their other defenses, the statute of limitation. After a period of discovery, appellees...

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