PER CURIAM:
James Herbert appeals from a grant of summary judgment to defendant Birmingham-Jefferson Civic Center Authority ("Authority") below. This is a diversity action, and under Alabama law Herbert cannot recover if he is a "general contractor." The record, however, indicates that there is a genuine issue of material fact as to whether Herbert is a "general contractor."
In early 1977, Herbert, doing business under the trade name "Total Concepts" from...
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