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OLD SOUTH INVEST. CO. v. AETNA INSURANCE CO.

46425.

124 Ga. App. 697 (1971)

185 S.E.2d 584

OLD SOUTH INVESTMENT COMPANY et al. v. AETNA INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided October 22, 1971.

Attorney(s) appearing for the Case

Peek, Whaley & Haldi, C. Glenn Stanford, for appellants.

Shoob, McLain & Jessee, Robert P. Wilson, for appellee.

BELL, Chief Judge.

The question raised in this appeal is whether the dismissal of the plaintiffs' complaint in an earlier action under § 37 (d) of the Civil Practice Act (Code Ann. § 81A-137 (d)) for failure to answer interrogatories operates as an adjudication upon the merits and hence operates as a bar to an identical claim asserted in a subsequent suit. The order dismissing the earlier suit recites...

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