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WINN-DIXIE MONTGOMERY, INC. v. MIDFIELD PARK, INC.

SC 38.

272 So.2d 575 (1973)

WINN-DIXIE MONTGOMERY, INC., a corporation, v. MIDFIELD PARK, INC., a corporation, and The Great Atlantic and Pacific Tea Company, Inc., a corporation.

Supreme Court of Alabama.

Rehearing Denied February 8, 1973.

Attorney(s) appearing for the Case

James L. North, Birmingham, for appellant.

Stone, Patton & Kierce, Bessemer, for appellee, Midfield Park, Inc.

Reid B. Barnes and Lawrence B. Clark, Birmingham, for appellee, The Great Atlantic & Pacific Tea Co., Inc.

BLOODWORTH, Justice.

Cross-complainant Winn-Dixie appeals from a decree sustaining demurrers of cross-respondents Midfield Park and A & P to its amended cross-bill and dismissing the same with prejudice. Winn-Dixie contends on this appeal that it alleged all matters necessary to show a breach of a restrictive covenant and that the trial court erred in sustaining the demurrers to the amended cross-bill.

Both appellees, Midfield Park and A & P, have...

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