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LEE v. SOUTHEASTERN PLUMBING SUPPLY COMPANY

34292.

243 Ga. 128 (1979)

252 S.E.2d 905

LEE v. SOUTHEASTERN PLUMBING SUPPLY COMPANY.

Supreme Court of Georgia.

Decided January 24, 1979.

Rehearing Denied February 14, 1979.

Attorney(s) appearing for the Case

Louis F. McDonald, for appellant.

Whitfield C. Smith, for appellee.

PER CURIAM.

The issue here is res judicata. The appellant filed an equitable petition in the DeKalb Superior Court to set aside a default judgment (entered in the State Court of Fulton County) on the ground that it was obtained by fraud. Prior to the equitable suit, the appellant had filed an extraordinary motion for new trial in the State Court of Fulton County to set aside the default judgment. See Simpson v. Bradley, 189 Ga. 316 (5 S.E.2d 893) (1939);

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