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FULLER v. ASSOCIATES COMMERCIAL CORP.

79-34.

389 So.2d 506 (1980)

Gary Wayne FULLER v. ASSOCIATES COMMERCIAL CORPORATION.

Supreme Court of Alabama.

April 11, 1980.

Attorney(s) appearing for the Case

J. Doyle Fuller and Richard A. Lawrence of Fuller & Lawrence, Montgomery, for appellant.

William B. Hairston, Jr., of Engel, Hairston, Moses & Johanson, Birmingham, William O. Walton, Jr., LaFayette, for appellee.

D. Paul Jones, Jr., H. Hampton Boles and Stanley M. Brock of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for Central Bank of Birmingham.

George F. Maynard, of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for First National Bank of Birmingham, amicus curiae.

TORBERT, Chief Justice.

This is an appeal from a partial summary judgment on the issue of usury in favor of the plaintiff and counterclaim defendant, Associates Commercial Corporation. This case arose when Associates brought a detinue action against Fuller in the Circuit Court of Chambers County to secure possession of a tractor-trailer rig purchased by Fuller from Carroll Kenworth Truck Sales, Inc., and financed by Associates. Mr. Fuller was a trucker by profession...

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