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UNITED HANDICAPPED, ETC. v. NAT. BANK OF COMMERCE

Civ. 2176, Civ. 2177.

386 So.2d 437 (1980)

UNITED HANDICAPPED INDUSTRIES OF AMERICA, etc. v. NATIONAL BANK OF COMMERCE, etc.

Court of Civil Appeals of Alabama.

Rehearing Denied April 2, 1980.

Attorney(s) appearing for the Case

Lloyd W. Gathings of Emond & Vines, Birmingham, for appellants.

J. Reese Murray and Donald M. James of Bradley, Arant, Rose & White, Birmingham, for appellees Federal Deposit Ins. Corp. as receiver of Southern Nat. Bank, Birmingham Trust Nat. Bank and First Nat. Bank of Anniston.

Alan W. Heldman of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellee Nat. Bank of Commerce.

R. E. Steiner, III, and Wanda D. Devereaux of Steiner, Crum & Baker, Montgomery, for appellee Alabama Bankers Association.

Crawford S. McGivaren, Jr., and Larry B. Childs of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellee First Nat. Bank of Birmingham.

HOLMES, Judge.

This is the appeal of a class action. The Circuit Court of Jefferson County, pursuant to Rule 12, ARCP, dismissed the complaint and the plaintiffs appeal. Additionally, the trial court refused to allow an amendment to plaintiffs' complaints and plaintiffs urge error in this regard.

The dispositive issues are (1) whether appeal to this court was perfected in a timely manner, (2) whether the Alabama Worthless Check Act, §§ 13-4-110,...

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