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SWOPE ALABASTER SUPPLY v. CITY OF ALABASTER

85-1356.

514 So.2d 927 (1987)

SWOPE ALABASTER SUPPLY v. CITY OF ALABASTER and T.M. Allen.

Supreme Court of Alabama.

September 18, 1987.

Attorney(s) appearing for the Case

Marvin L. Stewart, Jr., of Najjar, Denaburg, Meyerson, Zarzaur, Max, Boyd & Schwartz, Birmingham, for appellant.

William F. Prosch, Birmingham, for appellees.

STEAGALL, Justice.

Swope Alabaster Supply (hereinafter "Swope Supply"), who was the defendant/third-party plaintiff, appeals from a summary judgment granted in favor of the City of Alabaster and T.M. Allen, third-party defendants. We affirm in part and reverse in part.

This action began on September 5, 1984, when Gary and Beverly Nichols filed a complaint against Swope Supply, seeking damages for breach of warranty and misrepresentation. The Nicholses had...

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