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SMITH v. GAMMA CONST. CO., INC.

79-436.

387 So.2d 188 (1980)

Paul C. SMITH v. GAMMA CONSTRUCTION COMPANY, INC., a corporation.

Supreme Court of Alabama.

August 22, 1980.

Attorney(s) appearing for the Case

Leo L. Crain, Mobile, for appellant.

Jim H. Fernandez, of McFadden, Riley & Parker, Mobile, for appellee.

EMBRY, Justice.

The dispositive issue in this case is whether the trial court erred by failing to set aside a default judgment entered against Paul C. Smith in behalf of Gamma Construction Company, Inc., a Corporation. Resolution of that issue turns on whether or not submitting to deposition on oral examination under order of court constitutes an appearance entitling Smith to the three days' notice prior to the hearing on...

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