ON REHEARING
EDWARD N. SCRUGGS, Retired Circuit Judge.
The original opinion in this cause, dated February 25, 1981, is withdrawn and the following is substituted therefor.
This case involves an ARCP rule 60(b)(4) motion.
A default judgment had been entered in the small claims court against the defendant on April 22, 1980. On May 5, 1980 the defendant filed his rule 60(b) motion requesting that the judgment be set aside, alleging:
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