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DUKE v. PINE CREST HOMES, INC.

77-174.

358 So.2d 148 (1978)

Frank M. DUKE v. PINE CREST HOMES, INC., an Alabama Corporation.

Supreme Court of Alabama.

April 21, 1978.

Attorney(s) appearing for the Case

Earl D. Hendon, Birmingham, for appellant.

Michael L. Edwards and Thomas J. Gallo, Birmingham, for appellee.

BLOODWORTH, Justice.

Defendant, Frank M. Duke appeals from a judgment for plaintiff, Pine Crest Homes, Inc., in a declaratory judgment action, holding, inter alia, that defendant's easement does not prohibit plaintiff's reasonable, non-conflicting use of the property over which the easement passes and that both plaintiff and defendant or their respective successors in interest may use the property over which the easement passes in a manner which would not block passage...

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