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BENTON v. GA. MARBLE CO.

45172, 45173.

258 Ga. 58 (1988)

365 S.E.2d 413

BENTON et al. v. GEORGIA MARBLE COMPANY; and vice versa.

Supreme Court of Georgia.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Glover & Davis, J. Littleton Glover, James H. Webb, Martha Tate Springer, Fine & Block, Paul R. Jordan, for appellants.

Hansell & Post, Gary W. Hatch, John G. Parker, John L. Watkins, Landrum & Landrum, Phillip M. Landrum, Jr., for appellee.

MARSHALL, Chief Justice.

This appeal involves a statutory proceeding under OCGA § 44-9-70, which provides, in pertinent part, that a person or corporation engaged in the business of metal or mineral mining, or quarrying marble, granite, or any other stone, may obtain a right-of-way for a railroad across the lands of others "in order to operate his business successfully."1

OCGA § 44-9-70 further provides that, "[a]ll proceedings...

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