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GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY v. STATE HIGHWAY DEPARTMENT

21216.

216 Ga. 812 (1961)

120 S.E.2d 122

GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided May 9, 1961.

Attorney(s) appearing for the Case

Bloch, Hall, Groover & Hawkins, Steve F. Mitchell, for plaintiff in error.

Eugene Cook, Attorney-General, E. J. Summerour, Carter Goode, Assistant Attorneys-General, contra.

CANDLER, Justice.

When this case was formerly here, it was held that the petition, as it then stood, did not state a cause of action for a declaratory judgment, and that the trial judge, for that reason, erred in not dismissing it on general demurrer. See State Highway Dept. v. Georgia So. & Fla. Ry. Co., 216 Ga. 547 (117 S.E.2d 897). When the remittitur was sent down, and before it was...

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