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SCHOEN v. HOME FEDERAL &c. ASSN.

59031.

154 Ga. App. 68 (1980)

267 S.E.2d 466

SCHOEN et al. v. HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF ATLANTA.

Court of Appeals of Georgia.

Decided March 5, 1980.

Rehearing Denied March 20, 1980.

Attorney(s) appearing for the Case

Fred A. Gilbert, Leonard S. Luckett, for appellants.

Paul Oliver, Jefferson D. Kirby, III, for appellee.

BIRDSONG, Judge.

Plea in abatement. Home Federal Savings & Loan Assn. filed a dispossessory proceeding against the Schoens in DeKalb State Court, to which the Schoens filed a plea in abatement based upon an action pending in Fulton Superior Court. The sole question on appeal is whether the DeKalb court erred in overruling the Schoens' plea in abatement. We conclude that it did.

In the prior pending Fulton Superior Court action the Schoens seek to quiet...

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