FAULKNER, Justice.
This is an appeal from judgments dismissing two defendants from an action now pending in the Circuit Court of Mobile County. The judgments were made final pursuant to Rule 54(b), A.R.Civ.P. There is some question as to whether these orders should be treated as orders granted pursuant to Rule 12(b)(6) or Rule 56, A.R. Civ.P. We opine that even assuming, arguendo, that the defendants presented evidence which would have entitled them to a summary judgment...
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