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SMITH v. GEORGIA KAOLIN CO., INC

Nos. S98A0056, S98X0058.

498 S.E.2d 266 (1998)

269 Ga. 475

SMITH v. GEORGIA KAOLIN COMPANY, INC. et al. DRY BRANCH KAOLIN COMPANY et al. v. SMITH.

Supreme Court of Georgia.

Reconsideration Denied May 22, 1998.

Attorney(s) appearing for the Case

Gordon Lee Dickens, Jr., Milledgeville, for John W. Smith et al.

Emory Adair Wilkerson, State Farm Insurance Cos., Bloomington, IL, John B. Harris, Jr., William Camp Harris, Harris & James, Lisa Diane Neill-Beckmann, Macon, Joseph A. Boone, Boone, Scott & Boone, Irwinton, for Georgia Kaolin Co., Inc., et al.

CARLEY, Justice.

John W. Smith brought a petition to quiet title pursuant to OCGA §§ 23-3-60 et seq. and, in addition, sought damages for trespass against Georgia Kaolin Company, Inc. and Dry Branch Kaolin Company (Kaolin Cos.). As to the quiet title action, the trial court granted Kaolin Cos.' motion for summary judgment, but, in a previous appeal, this court reversed and remanded, finding that Smith had "demonstrated by written instruments that disputed...

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