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FIRST NAT. BANK OF MOBILE v. HORNER

85-165.

494 So.2d 419 (1986)

FIRST NATIONAL BANK OF MOBILE v. Avis C. HORNER.

Supreme Court of Alabama.

Rehearing Denied August 22, 1986.

Attorney(s) appearing for the Case

Michael S. McNair and W. Gary Hooks, Jr., of Noojin & McNair, Mobile, for appellant.

Mayer W. Perloff of Reid, Perloff & Doyle, Mobile, for appellee.

HOUSTON, Justice.

First National Bank of Mobile obtained permission from this Court, pursuant to provisions of Rule 5, Ala.R.App.P., to appeal from an interlocutory order denying First National's motion for summary judgment against Avis C. Horner.

This case has been before this Court once before. Horner v. First National Bank of Mobile, 473 So.2d 1025 (Ala.1985).

The controversy began when First National tried...

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