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CONSOLIDATED PECAN SALES COMPANY v. SAVANNAH BANK & TRUST COMPANY

44932.

121 Ga. App. 40 (1970)

172 S.E.2d 487

CONSOLIDATED PECAN SALES COMPANY v. SAVANNAH BANK & TRUST COMPANY et al.

Court of Appeals of Georgia.

Decided January 21, 1970.

Attorney(s) appearing for the Case

Smith, Gardner, Wiggins, Geer & Brimberry, Jerry W. Brimberry, for appellant.

Divine, Busbee & Wilkin, George D. Busbee, Perry, Walters, Langstaff, Lippitt & Campbell, Jesse W. Walters, for appellees.

HALL, Presiding Judge.

Suit was filed by two banks against Consolidated Pecan on September 16, 1963, for a debt claimed due and also asking for a receivership. In June 1969, the defendant moved for a dismissal of the suit on indebtedness on the ground that the lapse of five years would work an automatic dismissal under former Code Ann. § 3-512 (Code Ann. § 81A-141 (e)). While there were no orders within this period of time directly concerning...

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