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SCHMIDT v. LADNER CONST. CO., INC.

77-599.

370 So.2d 970 (1979)

Thomas S. SCHMIDT et al. v. LADNER CONSTRUCTION COMPANY, INC., and Carriage Hills Development Co., Inc.

Supreme Court of Alabama.

May 11, 1979.

Attorney(s) appearing for the Case

Robert H. Smith of Collins, Galloway & Smith, Mobile, for appellants.

Robert L. Byrd, Jr. of Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, for appellee, Ladner Const. Co., Inc.

William M. Lyon, Jr. of McFadden, Riley & Parker, Mobile, for appellee, Carriage Hills Development Co., Inc.

PER CURIAM.

This appeal is from an order of the circuit court granting Defendants' motion for judgment on the pleadings. We reverse and remand.

Plaintiffs brought a class action suit seeking a declaratory judgment and an injunction to prevent the operative effect of an amendment of a restrictive covenant. The developer of a subdivision in Mobile County, Carriage Hills Development Company, recorded certain restrictive...

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