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STATE HWY. DEPT. v. WILLIAMS LBR. CO.

23381.

222 Ga. 23 (1966)

148 S.E.2d 426

STATE HIGHWAY DEPARTMENT et al. v. C. F. WILLIAMS LUMBER COMPANY et al.

Supreme Court of Georgia.

Decided March 23, 1966.

Rehearing Denied March 30, 1966.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, C. M. Evert, for appellants.

Foley, Chappell, Young, Hollis & Schloth, Richard Y. Bradley, for appellees.

DUCKWORTH, Chief Justice.

1. Putting aside for the present any question as to the need for a petitioner to allege a right in himself that is legally valid, which will be treated in Division 2 of this opinion, we hold that the present petitioner shows a right to declaratory relief. Cohen v. Reisman, 203 Ga. 684 (48 S.E.2d 113). It alleges that both the petitioners and the defendants claim title to the land involved and that the petitioners desire to erect improvements...

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