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CITY OF ATLANTA v. KLEBER

Nos. S08G1417, S08G1424.

677 S.E.2d 134 (2009)

CITY OF ATLANTA et al. v. KLEBER et al. (Two Cases).

Supreme Court of Georgia.

May 4, 2009.

Attorney(s) appearing for the Case

Elizabeth B. Chandler, Jerry L. DeLoach, Laura Sauriol-Gibris, for City of Atlanta et al.

Weissman, Nowack, Curry & Wilco, William C. Thompson, Laura S. Morris, for Norfolk Southern Corporation.

Gaslowitz Frankel, Craig M, Frankel, Lisa C. Lambert, LeAnne M. Gilbert, Atlanta, for Kleber et al.

MELTON, Justice.

These consolidated cases concern a nuisance1 and negligence action brought by Scott Kleber and Nancy Habif (collectively referred to as "the homeowners") against Norfolk Southern Corporation and the City of Atlanta. In this action, the homeowners contended that Norfolk and the City had failed to properly maintain a drainage pipe and culvert near their property, resulting in their home being flooded during heavy rains....

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