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EASTGATE ASSOC. v. PIGGLY WIGGLY

A91A0683.

200 Ga. App. 872 (1991)

410 S.E.2d 129

EASTGATE ASSOCIATES, LTD. v. PIGGLY WIGGLY SOUTHERN, INC.

Court of Appeals of Georgia.

Reconsideration Denied July 31, 1991.

Attorney(s) appearing for the Case

Hurt, Richardson, Garner, Todd & Cadenhead, Harold N. Hill, Jr., James D. Comerford, Norman J. Radow, for appellant.

Paul, Hastings, Janofsky & Walker, John G. Parker, Ronald T. Coleman, Jr., for appellee.

BIRDSONG, Presiding Judge.

We granted this interlocutory appeal to consider the trial court's treatment of our decision in Piggly Wiggly Southern v. Eastgate Assoc., 195 Ga.App. 10 (392 S.E.2d 337) ("Eastgate I"). The facts are set forth in that opinion and will not be restated here.

Eastgate contends the trial court erred by failing to apply the

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