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STONE MTN. R. v. STONE MTN. ASSN.

27788, 27972.

230 Ga. 800 (1973)

199 S.E.2d 216

STONE MOUNTAIN SCENIC RAILROAD, INC. v. STONE MOUNTAIN MEMORIAL ASSOCIATION; and vice versa.

Supreme Court of Georgia.

Decided June 28, 1973.

Rehearing Denied July 12, 1973.

Attorney(s) appearing for the Case

Swertfeger, Scott, Pike & Simmons, M. H. Blackshear, Jr., for appellant.

Arthur K. Bolton, Attorney General, Marion O. Gordon, Courtney Wilder Stanton, Dorothy T. Beasley, David L. G. King, Jr., Assistant Attorneys General, Harold N. Hill, Jr., Deputy Assistant Attorneys General, Wade V. Mallard, Jr., David J. Bailey, for appellee.

GRICE, Presiding Justice.

This appeal and cross appeal emanated on January 26, 1970, when the Stone Mountain Scenic Railroad, Inc. filed in the Superior Court of DeKalb County an action against the Stone Mountain Memorial Association seeking declaratory judgment and injunctive relief.

In essence there are two over-all issues here. The first, raised in the railroad's complaint and urged in the appeal, is a claim involving an easement of ingress and egress to...

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