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WINN-DIXIE MONTGOMERY, INC. v. HENDERSON

77-629.

371 So.2d 899 (1979)

WINN-DIXIE MONTGOMERY, INC. v. Bobby HENDERSON.

Supreme Court of Alabama.

Rehearing Denied June 8, 1979.

Attorney(s) appearing for the Case

Richard W. Whittaker of Pittman, Whittaker & Hooks, Enterprise, and Robert C. Black of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellant.

M. Dale Marsh and Joe C. Cassady of Cassady, Fuller & Marsh, Enterprise, for appellee.

BLOODWORTH, Justice.

Winn-Dixie Montgomery, Inc., appeals from a $40,000 jury verdict in favor of Henderson. Winn-Dixie was successful on a prior appeal from a $14,000 jury verdict involving the same fraud claim. Winn-Dixie Montgomery, Inc. v. Henderson, 353 So.2d 1380 (Ala.1977). We reverse and remand.

The facts and the two fraud counts are set out in the prior opinion. Briefly, Henderson claims damages for alleged...

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