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EUBANKS v. DAVIS

55823.

146 Ga. App. 146 (1978)

245 S.E.2d 495

EUBANKS v. DAVIS et al.

Court of Appeals of Georgia.

Decided June 6, 1978.

Attorney(s) appearing for the Case

John Genins, for appellant.

Cotton, Katz, White & Palmer, J. Timothy White, Kenneth Gartlir, Macey & Zusmann, James W. Penland, Long, Weinberg, Ansley & Wheeler, Charles M. Goetz, Jr., Hurt, Richardson, Garner, Todd & Cadenhead, Paul M. Talmadge, Jr., for appellees.

WEBB, Judge.

1. This is an appeal from an order of the trial court dismissing the complaint for failure to state a claim for fraud upon which relief can be granted. In view of the new rule announced in Cochran v. McCollum, 233 Ga. 104 (210 S.E.2d 13) (1974), this court is unable to affirm the judgment below but must reverse with direction to sustain...

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