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EX PARTE OSBORN

No. 78-646.

375 So.2d 467 (1979)

Ex parte Edward L. OSBORN, Ind., et al. (In re NP Mining Co., Inc., an Alabama Corp., Nickel Plate Mining Co., Inc., a Corp. v. Edward L. Osborn, Ind., et al.)

Supreme Court of Alabama.

September 28, 1979.

Attorney(s) appearing for the Case

Michael L. Edwards and Lee H. Zell, Birmingham, for appellant.

George R. Stuart, III, and James S. Ward, of Baxley, Stuart, Ward & Dillard, Birmingham, for appellee.

SHORES, Justice.

This proceeding was commenced when NP Mining Company, Inc. and Nickel Plate Mining Company, Inc. (hereinafter collectively referred to as NP) filed an action for declaratory judgment seeking construction of a $500,000 promissory note made by NP and payable to petitioners, Osborns (hereinafter referred to as Osborns). The payments on the note depended on the number of tons of coal mined under an agreement...

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