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EX PARTE HOLT

79-25, 79-26.

382 So.2d 498 (1980)

Ex parte Waring Inge HOLT. In re Waring Inge HOLT v. The FIRST NATIONAL BANK OF MOBILE, a Corporation, as Executor of the Will of Sloss Whitaker Inge. Ex parte Waring Inge HOLT and Ellen Inge Trimble. In re Waring Inge HOLT and Ellen Inge Trimble v. FIRST NATIONAL BANK OF MOBILE, a Corporation, as Executor of the Will of Sloss Whitaker Inge.

Supreme Court of Alabama.

Rehearing Denied April 4, 1980.

Attorney(s) appearing for the Case

W. Dewitt Reams, of Pillans, Reams, Tappan, Wood, Roberts & Vollmer, Mobile, for petitioners.

James J. Duffy, Jr. and Carroll H. Sullivan, of Inge, Twitty, Duffy & Prince, Mobile, for respondent.

PER CURIAM.

These suits were commenced on April 1, 1976, with the filing of complaints in the Circuit Court of Mobile County, Alabama. On April 8, 1976, the defendant filed its motion to dismiss the complaint in the Holt case and on April 22, 1976, filed its motion to dismiss the complaint in the Holt and Trimble case, assigning as grounds in each action the failure to state a claim upon which relief could be granted. Thereafter,

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