SOKOLL v. HUMPHREY, LUTZ AND SMITH

Civ. 809.

337 So.2d 362 (1976)

Emma Jean Shepard SOKOLL v. HUMPHREY, LUTZ AND SMITH, a partnership, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied July 28, 1976.


Attorney(s) appearing for the Case

Sherman B. Powell, Jr., Decatur, for appellant.

Humphrey & Smith, Huntsville, for appellees.


HOLMES, Judge.

This is an appeal from the Circuit Court of Madison County. The trial judge granted summary judgment for the defendants as to plaintiff's claim, pursuant to Rule 56, ARCP. Plaintiff now appeals the trial court's action to this court.

We conclude that defendants' motion for summary judgment was improperly granted by the able trial judge, and reverse and remand the cause.

The record reveals the following pertinent facts:

Defendants...

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