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HANDLEY v. RICHARDS

85-841.

518 So.2d 682 (1987)

Tommy HANDLEY, as Administrator Ad Litem of the Estate of Bobby Glenn Handley, Deceased v. James B. RICHARDS and Brenda Handley Richards.

Supreme Court of Alabama.

Rehearing Denied January 15, 1988.

Attorney(s) appearing for the Case

George M. Barnett, Guntersville, Bennett L. Pugh and J. Zach Higgs, Jr. of Higgs & Conchin, Huntsville, for appellant.

David H. Meginniss of Hornsby, Blankenship, Robinson & Meginniss, Huntsville, for appellees.

PER CURIAM.

The trial court's order, pursuant to Rule 12(b)(6), A.R.Civ.P., dismissing plaintiff's action for failure to state a cognizable claim, is affirmed

AFFIRMED.

JONES, ALMON, SHORES, BEATTY, HOUSTON, ADAMS and STEAGALL, JJ., concur.

TORBERT, C.J., and MADDOX, J., concur specially.

MADDOX, Justice (concurring specially).

I agree completely that the judgment of the trial court should be affirmed, but because this case...

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