MILLER, Justice:
This is an appeal by A. Louise Weller from a March 28, 1980, final order of the Circuit Court of Jefferson County which granted the defendant's motion to dismiss for failure to state a claim upon which relief can be granted. Because the trial court's order was based on an erroneous legal conclusion, we reverse and remand for further proceedings.
We are faced with an unusual circumstance in this appeal: the parties agree as to the law and the...
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