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POSTON v. GADDIS

77-796.

372 So.2d 1099 (1979)

James E. POSTON v. Martha A. T. GADDIS, etc., et al.

Supreme Court of Alabama.

June 22, 1979.

Attorney(s) appearing for the Case

Joe S. Pittman, Enterprise, for appellant.

Kenneth T. Fuller, of Cassady, Fuller & Marsh, Enterprise, for appellees.

BLOODWORTH, Justice.

This is the second appeal of this case. In Poston v. Gaddis, 335 So.2d 165 (Ala.Civ. App.1976), cert. denied, 335 So.2d 169 (Ala.), the Court of Civil Appeals reversed and remanded a judgment in favor of the plaintiffs Gaddis because the trial court erred in denying defendant Poston the right to a jury trial in the breach of contract action and on the counterclaims...

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