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STEPHENSON v. BOARD OF COM'RS

No. S91A0135.

405 S.E.2d 488 (1991)

261 Ga. 399

STEPHENSON v. BOARD OF COMMISSIONERS OF COBB COUNTY, et al.

Supreme Court of Georgia.

July 3, 1991.

Attorney(s) appearing for the Case

Robert L. Beard, Jr., Marietta, for Stephenson.

W. Grady Pedrick, Barnes, Browning, Tanksley & Casurella, Marietta, for Bd. of Com'rs of Cobb County. Thomas E. Cauthorn, III, B. Wayne Phillips, Cauthorn & Phillips, Atlanta, for amicus appellant.

BELL, Justice.

Appellant Stephenson is the Clerk of Superior Court of Cobb County. In January 1989 Stephenson employed an attorney to defend him in an inmate's mandamus action. The attorney was not one of the attorneys hired by the Cobb County Board of Commissioners (hereafter, the board) to do county work. Stephenson later sought reimbursement from the board for the attorney fees. The board refused to pay the fees on the ground Stephenson did not have the authority...

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