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CLARK v. LETT & BARRON, INC.

26455.

227 Ga. 609 (1971)

182 S.E.2d 113

CLARK v. LETT & BARRON, INC. et al.

Supreme Court of Georgia.

Decided May 6, 1971.

Attorney(s) appearing for the Case

Grace W. Thomas, for appellant.

Marvin P. Nodvin, for appellee.

NICHOLS, Justice.

1. Under authority of Sec. 12 (b) of the Civil Practice Act (Ga. L. 1966, p. 609; Code Ann. § 81A-112 (b)), the trial court properly treated the motion to dismiss as a motion for summary judgment where depositions, etc., had been filed and were considered upon the hearing of the motion. See also Parks v. Fort Oglethorpe State Bank, 225 Ga. 54 (4) (166 S.E.2d 27

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