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PAPASTEFAN v. B & L CONST. CO., INC. OF MOBILE

SC 2457.

356 So.2d 158 (1978)

John J. PAPASTEFAN and Linda M. Papastefan v. B & L CONSTRUCTION CO., INC. OF MOBILE, a corp.

Supreme Court of Alabama.

Rehearing Denied April 7, 1978.

Attorney(s) appearing for the Case

Michael A. Figures, of Crawford, Blacksher, Figures & Brown, Mobile, for appellants.

Jerry A. McDowell, of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee.

SHORES, Justice.

The plaintiffs appeal from a summary judgment rendered on motion of the defendant.

Plaintiffs sued B & L Construction Company, Inc. alleging fraud in the sale of a house. The defendant filed an ARCP Rule 12(b)(6) motion to dismiss the complaint; but before it was ruled on, defendant also filed a motion for summary judgment, supported by deposition of the plaintiff, John J. Papastefan, and correspondence...

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