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STATE HIGHWAY DEPARTMENT v. FARMERS

20867, 20868, 20869.

216 Ga. 70 (1960)

114 S.E.2d 537

STATE HIGHWAY DEPARTMENT v. FARMERS GIN CO. TILLMAN v. STATE HIGHWAY DEPARTMENT. SLOCUMB et al. v. HOUSING AUTHORITY OF COLUMBUS.

Supreme Court of Georgia.

Decided May 5, 1960.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Lawson & Fortson, Warren C. Fortson, for plaintiff in error case No. 20867.

Dallam R. Jackson, contra.

Tillman & Brice, for plaintiff in error case No. 20868.

Eberhardt, Franklin, Barham & Coleman, for parties at interest not parties to record.

Eugene Cook, Attorney-General, E. J. Summerour, Assistant Attorney-General, W. J. Gibbons, contra.

John G. Cozart, for plaintiffs in error case No. 20869.

Foley, Chappell, Kelley & Champion, Kenneth M. Henson, contra.

QUILLIAN, Justice.

In all of the above styled cases the Court of Appeals certified the identical question to this court, to wit: "In a condemnation case where the condemnor pays the amount of the assessors' award into the registry of the court is it a prerequisite to the validity of the condemnor's appeal that the condemnor must first have tendered the amount of the assessors' award to the condemnee before paying the amount...

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