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McELRATH v. CONSOLIDATED PIPE & SUPPLY CO.

SC 2009-2009-A.

351 So.2d 560 (1977)

John McELRATH, etc. Individually and d/b/a McElrath Construction Co., et al. v. CONSOLIDATED PIPE & SUPPLY CO. et al.

Supreme Court of Alabama.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

James E. Clark, of London, Yancey, Clark & Allen, Birmingham, for John and Juanita McElrath.

Thomas E. Maxwell, Birmingham, for Hartford Accident and Indemnity Co., appellant-appellee.

James A. Harris and Thomas H. Brown, of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for appellees.

BEATTY, Justice.

Appeal by John McElrath, d/b/a McElrath Construction Company (McElrath) and his surety, Hartford Accident and Indemnity Company from a judgment rendered against them based upon a jury verdict. We reverse and remand.

The plaintiff, Consolidated Pipe and Supply Company (Consolidated) is a distributor of polyvinyl chloride ("PVC") pipe, a product manufactured from a petroleum derivative. Consolidated obtained its major supply of pipe from Ethyl...

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