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KENAI OIL & GAS, INC. v. GRACE PETROLEUM CORP.

86-407.

512 So.2d 1347 (1987)

KENAI OIL AND GAS, INC. v. GRACE PETROLEUM CORPORATION.

Supreme Court of Alabama.

Rehearing Denied August 28, 1987.

Attorney(s) appearing for the Case

Michael C. Quillen and Scott A. Spear of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

Norton W. Brooker, Jr., of Lyons, Pipes & Cook, Mobile, and Louis P. Moore of Holder, Moore & Grocholski, Fayette, for appellee.

JONES, Justice.

This is an appeal from a partial summary judgment made final pursuant to Rule 54(b), A.R.Civ.P. We reverse and remand.

Detailed statements of both the case and the facts are necessary for an understanding of the dispositive issue here presented.

STATEMENT OF THE CASE

On January 23, 1984, Kenai Oil and Gas, Inc. ("Kenai"), filed this civil action against Grace Petroleum Corporation ("Grace"). The complaint alleged 1) that Kenai...

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