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RUSSELL v. BIRMINGHAM OXYGEN SERVICE, INC.

79-607.

408 So.2d 90 (1981)

Jerry RUSSELL, et al. v. BIRMINGHAM OXYGEN SERVICE, INC., et al.

Supreme Court of Alabama.

December 23, 1981.

Attorney(s) appearing for the Case

James M. Gaines of Smith, Gaines, Gaines & Sabatini, Huntsville, for appellants.

E. Dwight Fay, Jr., Huntsville, and Charles H. Huey, Birmingham, for appellees.

ON APPLICATION FOR REHEARING

TORBERT, Chief Justice.

The original opinion in this case is withdrawn and the following corrected opinion is substituted in its place.

Defendants Jerry Russell and James Edwards were partners in a home respiratory therapy business located in Madison County, Alabama, known as J&J Respiratory Service Company (J&J). Primarily, J&J rented respiratory equipment, oxygen equipment and oxygen. Approximately one-half...

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