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MORGAN v. GA. VITRIFIED BRICK &c.

A90A1524.

196 Ga. App. 779 (1990)

397 S.E.2d 49

MORGAN et al. v. GEORGIA VITRIFIED BRICK & CLAY COMPANY.

Court of Appeals of Georgia.

Decided September 4, 1990.

Attorney(s) appearing for the Case

Jolles & Slaby, Isaac S. Jolles, for appellants.

Dye, Miller, Tucker & Everitt, A. Zachery Everitt, for appellee.

BEASLEY, Judge.

The plaintiffs Morgan and Gibson sued for damages arising from the defendant's mining of certain real property. They appeal dismissal of their complaint for failure to state a claim, OCGA § 9-11-12 (b) (6).

The pleadings establish that T. L. Morgan and Gibson owned approximately 1.49 acres of land in Richmond County concerning which a 1943 federal court order awarded to defendant company the...

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