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CENTRAL OF GEORGIA RAILWAY COMPANY v. CITY OF METTER

23392, 23393.

222 Ga. 74 (1966)

148 S.E.2d 661

CENTRAL of GEORGIA RAILWAY COMPANY v. CITY OF METTER et al.; and vice versa.

Supreme Court of Georgia.

Decided April 7, 1966.

Rehearing Denied April 19, 1966.

Attorney(s) appearing for the Case

Spivey & Carlton, Milton A. Carlton, George H. Lane, for appellant.

Anderson & Trapnell, J. C. Trapnell, for appellees.

DUCKWORTH, Chief Justice.

This is an action to enjoin a continuing trespass upon a right of way of the Central of Georgia Railway Company in the city limits of Metter, brought against the City of Metter and its mayor and council, to prevent them from using and improving as a street a definitely defined area within the railroad's alleged 300-foot wide right of way in the main area of the city. The case is here after the lower court refused to grant a temporary injunction...

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