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COX v. KIRKLAND

38774.

249 Ga. 796 (1982)

294 S.E.2d 514

COX v. KIRKLAND.

Supreme Court of Georgia.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Elkins & Flournoy, Richard C. Hagler, for appellant.

Lee R. Grogan, Porter, Davis, Saunders & Churchill, Steve J. Davis, for appellee.

JORDAN, Chief Justice.

The appeal is from judgment, entered in a suit in equity filed pursuant to Code Ann. § 81A-160 (e), setting aside, on the ground of fraud of one party unmixed with negligence of the other, a money judgment obtained in a previous action.

In the previous action, Billie Cox sued B. M. Kirkland in the State Court of Muscogee County alleging that Kirkland was doing business as Piggly Wiggly No. 24 at 3115 North Expressway,

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