HAWES, Justice.
The appeal here is from the judgment sustaining the defendant's motion to dismiss the plaintiffs' complaint, the same having been treated as a motion for summary judgment under the provisions of § 12 (b) of the Civil Practice Act (Code Ann. § 81A-112 (b)). The plaintiffs filed an equitable action under the provisions of § 60 (e) of the Civil Practice Act (Code Ann. § 81A-160 (e)) to set aside a judgment which had been...
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