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FIRST CITY NATIONAL BANK OF OXFORD v. WHITMORE

SC 1647.

339 So.2d 1010 (1976)

FIRST CITY NATIONAL BANK OF OXFORD, a National Banking Association v. Robert L. WHITMORE et al.

Supreme Court of Alabama.

November 24, 1976.

Attorney(s) appearing for the Case

Simmons & Torbert, Gadsden, for appellant.

Burns, Shumaker & Davis, Gadsden, for appellees.

BLOODWORTH, Justice.

This is an appeal from an order granting a preliminary injunction against foreclosure of a mortgage. We reverse and remand.

Plaintiffs are general contractors with contracted with Regency Health Club, Inc., to construct a building to be used as a health club. Fred Fitts, president of Regency, negotiated on its behalf. Prior to the commencement of construction, Robert L. Whitmore, a plaintiff, was advised by Tom Stinson, president of First...

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