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WARD v. SABEN APPLIANCE CO.

79-754.

391 So.2d 1030 (1980)

Janice Nell WARD v. SABEN APPLIANCE COMPANY et al.

Supreme Court of Alabama.

December 19, 1980.

Attorney(s) appearing for the Case

John R. Formby, Jr., Wetumpka, for appellant.

J. Michael Crouch, Birmingham, for appellee Saben Appliance Co.

Robert W. Bradford, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee Brenda Allen, Inc.

MADDOX, Justice.

Is a civil action "commenced" for purposes of tolling the applicable statute of limitations when an attorney files a complaint but directs the clerk to withhold service of process in the case? That is the central issue of this appeal.

On September 17, 1979 appellant Janice Nell Ward filed her complaint in the circuit court of Montgomery County seeking damages against the appellees, Saben Appliance Company, Inc., and Brenda Allen, Inc., for...

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