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EDMONSON v. COLWELL

85-606, 85-607.

504 So.2d 235 (1987)

Charles D. EDMONSON v. Jerry F. COLWELL, etc., et al. Herbert D. ANDERSON, et al. v. Martha T. KIRKLAND, et al.

Supreme Court of Alabama.

Rehearing Denied March 20, 1987.

Attorney(s) appearing for the Case

James E. Hart, Jr. and Edward T. Hines of Garretts, Thompson & Hines in case 85-606, Brewton, Norton W. Brooker, Jr. of Lyons, Pipes & Cook and Edward B. McDonough, Jr., of McDonough & Broome in Case 85-607, Mobile, for appellants.

Hugh M. Caffey, Jr. of Caffey & Byrd, Brewton, for all appellees in case 85-606 and for Horton appellees in case 85-607.

Reo Kirkland, Jr., Brewton, for Kirkland appellees in case 85-607.

HOUSTON, Justice.

Two cases were consolidated for trial. A summary judgment was entered for the plaintiffs in the case of Martha T. Kirkland, et al. v. G.I. Drury, et al. and was made final under Rule 54(b), Ala.R.Civ.P.; and a summary judgment was entered for the defendant in the case of Charles D. Edmonson v. Jerry F. Colwell, et al. The losing parties in each case appealed and the appeals were consolidated.

The following are all of the pertinent facts insofar...

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