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CORNELIUS v. AUSTIN

86-1496.

542 So.2d 1220 (1989)

Martha CORNELIUS and Timothy Cornelius v. Douglas AUSTIN, et al.

Supreme Court of Alabama.

Rehearing Denied April 7, 1989.

Attorney(s) appearing for the Case

Kenneth Lee Cleveland of Cleveland & Cleveland, Birmingham, for appellants.

W. Lewis Garrison, Jr. of Corley, Moncus, Bynum & De Buys, Birmingham, for appellees Douglas Austin and Virginia Austin.

James R. Shaw and Leah F. Scalise of Huie, Fernambucq & Stewart, Birmingham, for appellee First Real Estate Corp.

ON APPLICATION FOR REHEARING

BEATTY, Justice.

The opinion previously issued in this case is withdrawn and the following opinion is substituted therefor.

Martha and Timothy Cornelius appeal from a partial summary judgment in favor of the defendants in their action based upon allegations of fraud and breach of contract. The summary judgment was made final pursuant to Rule 54(b), A.R. Civ.P. The Corneliuses' contract claims are not at issue in this...

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