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PARK v. PARK

No. 10022.

123 F.2d 370 (1941)

PARK et al. v. PARK et al.

Circuit Court of Appeals, Fifth Circuit.

November 12, 1941.

Attorney(s) appearing for the Case

Reuben R. Arnold and B. P. Gambrell, both of Atlanta, Ga., and L. P. Goodrich, of Griffin, Ga., for appellants.

Leonard Haas, of Atlanta, Ga., and Harvey J. Kennedy, of Barnesville, Ga., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was by appellees against their guardian and his sureties to recover $13,580.59,1 notwithstanding releases given him by them after their majority, and his discharge by judgments of the Court of Ordinary. The claim was that the releases and the discharges were procured by fraud.

Urging that the suit was a collateral attack upon the judgment of a probate court, defendants moved to dismiss it for...

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