NEAL v. WILSON LUMBER CO., INC.

Civ. 2492.

410 So.2d 404 (1981)

Randolph E. NEAL, Jr. v. WILSON LUMBER COMPANY, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied May 13, 1981.


Attorney(s) appearing for the Case

Randolph E. Neal, Jr., pro se.

Currun C. Humphrey of Humphrey & Smith, Huntsville, for appellee.


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The original opinion in this cause, dated February 25, 1981, is withdrawn and the following is substituted therefor.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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