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CITY OF DALTON v. U. S. FIDELITY &c. CO.

21089.

216 Ga. 602 (1961)

118 S.E.2d 475

CITY OF DALTON v. UNITED STATES FIDELITY & GUARANTY COMPANY et al.

Supreme Court of Georgia.

Decided February 9, 1961.

Rehearing Denied February 23, 1961.

Attorney(s) appearing for the Case

Sanford P. Carr, Stafford R. Brooke, for plaintiff in error.

Hardin, McCamy & Minor, Carlton McCamy, Adams & McDonald, contra.

HEAD, Presiding Justice.

United States Fidelity & Guaranty Company filed its petition against the City of Dalton and Thomas Holmes to vacate an agreement for the payment of compensation under the Workmen's Compensation Act. On the trial of the case, the uncontested facts disclosed: On Sunday, December 8, 1957 (the date on which Holmes was injured), and prior thereto, Holmes was an employee of the city under the Water, Light & Sinking Fund Commission. On the...

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