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MORTON v. RETAIL CREDIT CO.

46345.

124 Ga. App. 728 (1971)

185 S.E.2d 777

MORTON v. RETAIL CREDIT COMPANY et al.

Court of Appeals of Georgia.

Decided October 7, 1971.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

J. R. Cullens, J. Willis Conger, for appellant.

Hansell, Post, Brandon & Dorsey, Hugh M. Dorsey, Jr., W. Rhett Tanner, Hamilton Lokey, Gerald F. Handley, Willard H. Chason, Ralph E. Carlisle, for appellees.

JORDAN, Presiding Judge.

Morton appeals from a dismissal of his claim for libel as to all parties because of his unexcused delay in serving answers to interrogatories.

If a party "wilfully fails to serve answers to interrogatories submitted under section 81A-133, after proper service ... the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof." CPA § 37 (d); ...

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