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HARPER v. J. & C. TRUCKING & EXCAVATING

78-226.

374 So.2d 893 (1979)

In re Albert HARPER, Individually, and d/b/a Albert Harper Construction Co., et al. v. J. & C. TRUCKING AND EXCAVATING CO., INC., et al. Ex parte R. & T. Construction Co., Inc.

Supreme Court of Alabama.

September 14, 1979.

Attorney(s) appearing for the Case

Mayer W. Perloff, Mobile, for petitioners.

Alphonse Maples, Jr., Chase R. Laurendine, Mobile, for George D. Knapp Contracting, Inc., respondents.

PER CURIAM.

Writ quashed as improvidently granted.

TORBERT, C. J., and MADDOX, JONES, ALMON, SHORES and BEATTY, JJ., concur.

BLOODWORTH, FAULKNER and EMBRY, JJ., dissent.

EMBRY, Justice (dissenting):

I respectfully dissent. This is an interpleader filed by Aluminum Corporation of America (ALCOA). Conflicting claims were asserted against the fund paid into the trial court by ALCOA.

Harper Construction Co. (Harper) and Knapp Contracting...

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