S. & T. LEASING CORP. v. ALABAMA HWY. EXPRESS

SC 1566.

335 So.2d 384 (1976)

S. & T. LEASING CORPORATION, a corp. v. ALABAMA HIGHWAY EXPRESS, INC., a corp.

Supreme Court of Alabama.

Rehearing Denied August 6, 1976.


Attorney(s) appearing for the Case

John W. Cooper, Birmingham, for appellant.

Robert McD. Smith and Joseph W. Mathews, Jr., Birmingham, for appellee.


BLOODWORTH, Justice.

This is an appeal from a judgment sustaining defendant-appellee's motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6), ARCP. We hold that the dismissal was inappropriate and reverse and remand.

The complaint filed by plaintiff S. & T. Leasing Corporation was amended several times and in its final form consists of seven counts. The first is a common count claiming $500,000 from defendant...

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