North Georgia Finishing, Inc. v. Di-Chem, Inc.

The majority opinion does not reach the merits of the appeal. It affirms the judgment upon the ratio decidendi of Supreme Court opinions that predate the CPA. It also cites Supreme Court decisions that postdate the CPA, but these are either memorandum decisions or summary opinions on the point which merely cite pre-CPA decisions for their authority. It appears that *597neither appellate court has ever squarely considered the question of the effect of the CPA on pleading a constitutional question. "The doctrine of stare decisis cannot be invoked to sustain, as authority, a decision which is in…