Neal v. WILSON LUMBER CO., INC.

ON REHEARING

The original opinion in this cause, dated February 25, 1981, is withdrawn and the following is substituted therefor.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

1. The business, Progressive Products, was sold by me on October 2, 1979 and with the provision that all debts be paid by the new owners if any.

2. I was not ever served notice that this case was in court by…