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BRACKETT v. H. R. BLOCK & COMPANY

44182.

119 Ga. App. 144 (1969)

166 S.E.2d 369

BRACKETT v. H. R. BLOCK & COMPANY.

Court of Appeals of Georgia.

Decided February 4, 1969.

Attorney(s) appearing for the Case

William T. Brooks, for appellant.

Long, Weinberg & Ansley, John K. Dunlap, for appellee.

DEEN, Judge.

1. Where a motion to dismiss the plaintiff's petition for failure to state a claim on which relief may be granted (Code Ann. § 81A-112 (b) (6)) is supported by affidavits or depositions it should be treated as a motion for summary judgment. Suckow Borax Mines Consolidated v. Borax Consolidated, 185 F.2d 196. Where, however, no motion for summary judgment is made, and where it appears from the order of the...

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