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ALABAMA PROCESSING CO. v. UTILITIES BD. OF TOWN OF CITRONELLE

86-1126, 86-1191.

527 So.2d 690 (1988)

ALABAMA PROCESSING COMPANY, INC., and Eastern Shore Wastewater Treatment Facility, Inc. v. UTILITIES BOARD OF the TOWN OF CITRONELLE UTILITIES BOARD OF the TOWN OF CITRONELLE v. ALABAMA PROCESSING COMPANY, INC., and Eastern Shore Wastewater Treatment Facility, Inc.

Supreme Court of Alabama.

Rehearing Denied and Dissent Modified June 17, 1988.

Attorney(s) appearing for the Case

Maury Friedlander and Clifford C. Sharpe of Marr & Friedlander, and Alex W. Zoghby of Engel, Walsh & Zoghby, Mobile, for appellants/cross-appellees.

Frank McRight and William M. Moore of McRight, Jackson, Myrick & Moore, Mobile, for appellee/cross-appellant.

JONES, Justice.

Alabama Processing Company, Inc. ("seller"),1 contracted to sell certain real estate to the Utilities Board of the Town of Citronelle. The seller sued for specific performance. The trial court gave summary judgment against that claim, holding the contract void under the Statute of Frauds, Code 1975, § 8-9-2. The seller appeals from that summary judgment, which had been made final pursuant to Rule 54(b), A.R.Civ.P....

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