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PITTS v. HENLEY

Civ. 2121.

384 So.2d 1105 (1980)

Henry PITTS, Mary Pitts and surety Betty C. Donald v. Terry HENLEY and Henley & Craft Sporting Goods, Inc., a corp., Joseph S. Knight and Anne Knight.

Court of Civil Appeals of Alabama.

June 4, 1980.

Attorney(s) appearing for the Case

Joseph W. McDowell, of Pitts, Pitts & Thompson, Selma, for appellants.

Tommy Yearout, of Lorant, Harris & Yearout, Birmingham, for appellees.

WRIGHT, Presiding Judge.

This is an appeal from the trial court's denial of appellant's 60(b) motion for relief from summary judgment in favor of the appellees.

The evidence shows that on October 29, 1976 Pro-Way Sporting Goods (Pro-Way), an unregistered trade style of Stabler-Pitts & Associates, Ltd., executed a $34,000 promissory note to the Central Bank of Montgomery, Alabama (Central Bank). The note was signed on behalf of the partnership by Joseph...

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