BARCLAY INTERN., INC. v. FIRST ALABAMA BANK OF MONTGOMERY, N.A.

87-1258.

557 So.2d 1201 (1989)

BARCLAY INTERNATIONAL, INC., et al. v. FIRST ALABAMA BANK OF MONTGOMERY, N.A., and Industrial Development Board of the City of Bay Minette.

Supreme Court of Alabama.

As Modified on Denial of Rehearing January 26, 1990.


Attorney(s) appearing for the Case

William W. Watts and Fred W. Killion, Jr. of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for appellants.

J. Connor Owens, Jr. and Charles C. Simpson III of Owens, Latour, Benton & Simpson, Bay Minette, and Gordon O. Tanner and Ronald P. Slepian of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Mobile, for appellee First Alabama Bank of Montgomery, N.A.

Daniel G. Blackburn of Stone, Granade, Crosby & Blackburn, Bay Minette, for appellee The Industrial Development Board of the City of Bay Minette.


JONES, Justice.

Barclay International ("Barclay")1 appeals from a partial summary judgment, made final pursuant to Rule 54(b), A.R. Civ.P. The dispute between the parties is over their rights and duties under various agreements entered into by them, pursuant to a complex loan arrangement. Because the agreements are ambiguous and questions of fact exist, we reverse.

Part I

Facts

In July 1980, Barclay...

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