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STATE HIGHWAY DEPT. v. HATCHER

21725, 21726.

218 Ga. 299 (1962)

127 S.E.2d 803

STATE HIGHWAY DEPARTMENT v. HATCHER et al.; and vice versa.

Supreme Court of Georgia.

Decided September 6, 1962.

Rehearing Denied September 18 And October 1, 1962.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Carter Goode, E. J. Summerour, Assistant Attorneys General, George B. Culpepper III, for plaintiff in error.

Bloch, Hall, Groover & Hawkins, Ellsworth Hall, Jr., contra.

HEAD, Presiding Justice.

The State Highway Department filed its petition and "declaration of taking" of described lands, under the authority of an act of the General Assembly approved April 5, 1961 (Ga. L. 1961, pp. 517-529; Code Ann. Supp. Ch. 36-13). Robert P. Hatcher and others were named as owners.

Hatcher filed a "special appearance" in which he attacked the validity of the 1961 act on a number of constitutional grounds. In a separate petition...

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