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EX PARTE BAGBY ELEVATOR & ELEC. CO., INC.

79-125.

383 So.2d 173 (1980)

Ex parte BAGBY ELEVATOR & ELECTRIC COMPANY, INC., a corporation. In re BAGBY ELEVATOR & ELECTRIC COMPANY, INC., a Corporation v. Orlin BUZBEE, d/b/a Buzbee Contracting Company and Balboa Insurance Company.

Supreme Court of Alabama.

April 4, 1980.

Attorney(s) appearing for the Case

Ernest W. Weir, Birmingham, for petitioner.

Robert B. Huie, Birmingham, for respondents.

BEATTY, Justice.

This Court granted certiorari to review the action of the Court of Civil Appeals 383 So.2d 170 in affirming the trial court's grant of summary judgment to the respondents/defendants. We reverse and remand.

The facts of this case revolve around the execution and performance of a construction contract awarded to respondent/defendant Orlin Buzbee, d/b/a Buzbee Contracting Company (hereinafter Buzbee...

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