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HERSTON v. WHITESELL

78-18.

374 So.2d 267 (1979)

David Glen HERSTON v. Calvin M. WHITESELL et al.

Supreme Court of Alabama.

Rehearing Denied August 31, 1979.

Attorney(s) appearing for the Case

Charles E. Floyd and C. Neal Pope, Phenix City, for appellant.

William B. Moore, Jr. and James T. Upchurch, III, Montgomery, for appellees.

SHORES, Justice.

On a prior appeal of this malpractice suit, we reversed an order granting summary judgment in favor of the defendants. We held that whether an attorney-client relationship existed between the plaintiff and defendants and, if so, whether the defendants breached their duty to use reasonable care and skill under the facts alleged were questions of fact for the jury to decide. Herston v. Whitesell, 348 So.2d 1054

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