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CLARK v. FITZGERALD WATER, LIGHT & BOND COMMISSION

No. S07G1601.

663 S.E.2d 237 (2008)

CLARK v. FITZGERALD WATER, LIGHT & BOND COMMISSION.

Supreme Court of Georgia.

June 30, 2008.

Attorney(s) appearing for the Case

Reinhardt, Whitley, Wilmot & Summerlin, Glenn Whitley, Tifton, for appellant.

Jay, Sherrell, Smith & Braddy, Matthew G. Braddy, Jay, John E. Smith, III, Fitzgerald, for appellee.

MELTON, Justice.

In Clark v. Fitzgerald Water, Light & Bond Comm., 286 Ga.App. 36, 648 S.E.2d 654 (2007), the Court of Appeals held that the Fitzgerald Water, Light & Bond Commission, a governmental agency, was an independent legal entity capable of suing Bobby Clark for certain contract damages, despite the fact that it had not expressly been granted the right to sue and be sued when it was created by the Legislature...

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