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ABBOTT v. ALABAMA COCA COLA BOTTLING CO.

8 Div. 800.

44 So.2d 273 (1950)

ABBOTT v. ALABAMA COCA COLA BOTTLING CO.

Court of Appeals of Alabama.

February 7, 1950.

Attorney(s) appearing for the Case

Herbert H. Conway, of Albertville, for appellant.

Marion F. Lusk, of Guntersville, for appellee.

CARR, Judge.

J. J. Abbott brought suit against the Coca Cola Bottling Company, a corporation.

The Alabama Coca Cola Bottling Company, a corporation, appeared specially and filed a plea in abatement which in effect alleged that it had never been known by the name first indicated above.

The plaintiff then sought to amend his complaint by the following document (omitting formal parts):

"Comes now the plaintiff and with permission of the Court...

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