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ABELL-HOWE CO. v. INDUSTRIAL DEVELOPMENT BD., ETC.

Civ. 2391.

392 So.2d 221 (1980)

ABELL-HOWE COMPANY v. The INDUSTRIAL DEVELOPMENT BOARD OF The CITY OF IRONDALE and Vulcan Metal Products Company, Inc.

Court of Civil Appeals of Alabama.

Rehearing Denied December 24, 1980.

Attorney(s) appearing for the Case

Sydney Lavender, John D. Quenelle, and David P. Whiteside, Jr., of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellant.

Irvine C. Porter, Birmingham, for appellee The Industrial Development Bd. of the City of Irondale.

Kenneth Perrine, Birmingham, for appellee Vulcan Metal Products Co., Inc.

HOLMES, Judge.

This is an appeal from the denial of judgment for Abell-Howe Company (hereinafter Abell-Howe) under the materialman's lien law, §§ 35-11-210 and 35-11-218, Code of Ala. 1975, and the granting of judgment for Vulcan Metal Products Company, Inc. (hereinafter Vulcan Metal) on its malicious prosecution action.)

We affirm the trial court's denial of judgment for Abell-Howe on the lien claim and reverse its judgment for Vulcan Metal on the...

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