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SARTINO v. FIRST ALABAMA BANK OF BIRMINGHAM

82-306 & 82-307.

435 So.2d 39 (1983)

Vincent J. SARTINO v. FIRST ALABAMA BANK OF BIRMINGHAM. Harold M. STEPHENS v. FIRST ALABAMA BANK OF BIRMINGHAM.

Supreme Court of Alabama.

July 1, 1983.

Attorney(s) appearing for the Case

Anthony L. Cicio of Cicio & Nolen, Birmingham, for appellant Vincent J. Sartino.

Coleman D. Hamm, Jr. of Amari & Hamm, Birmingham, for appellant Harold M. Stephens.

James L. Clark of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.

SHORES, Justice.

First Alabama Bank of Birmingham brought this action against Sartino and Stephens for money owed the bank under the terms of separate continuing guaranty agreements signed by them in May 1979.

After the motions to dismiss filed by each defendant were overruled, the bank filed a motion for summary judgment supported by two affidavits. These affidavits established that Total Refrigeration Service, Inc., executed two commercial notes to the bank...

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