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CENTRAL MIN., INC. v. SIMMONS MACHINERY CO.

87-1514.

547 So.2d 529 (1989)

CENTRAL MINING, INC., and Marine Office of America Corporation v. SIMMONS MACHINERY CO., INC., and Clark Equipment Company.

Supreme Court of Alabama.

June 23, 1989.

Attorney(s) appearing for the Case

Tony S. Hebson of Hebson & Miller and James E. Clark of London, Yancey & Clark, Birmingham, for appellants.

William H. Mills of Redden, Mills & Clark, Birmingham, for appellee Simmons Machinery Co., Inc.

Charles L. Robinson, James C. Barton, Jr. and Hollinger F. Barnard of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellee Clark Equipment Co.

James J. White, Ann Arbor, Mich., for amicus curiae Alabama Associated Equipment Distributors.

ALMON, Justice.

Central Mining, Inc., and Marine Office of America Corporation ("MOAC") brought an action against Simmons Machinery Company, Inc., and Clark Equipment Company, alleging breach of warranty. The trial court entered summary judgment for Simmons and Clark.

On April 27, 1978, Central purchased a 1978 "Clark-Michigan 475 Loader" from Simmons, a distributor of Clark's products, and insured it with MOAC....

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