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BERRY MOUNTAIN MINING COMPANY, INC. v. AMERICAN RESOURCES INSURANCE COMPANY

87-925.

541 So.2d 4 (1989)

BERRY MOUNTAIN MINING COMPANY, INC. v. AMERICAN RESOURCES INSURANCE COMPANY.

Supreme Court of Alabama.

February 24, 1989.

Attorney(s) appearing for the Case

William H. Mills and Gerald L. Miller of Redden, Mills & Clark, Birmingham, for appellant.

C. Lee Reeves of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Birmingham, for appellee.

ADAMS, Justice.

The court entered a summary judgment against the defendants, Berry Mountain Mining Company, Inc., and George M. and Janice M. Simmons (hereinafter collectively "Berry Mountain") in the amount of $208,524.00. That judgment was made final pursuant to Rule 54(b), A.R.Civ.P., and Berry Mountain appeals.

In October 1983, Berry Mountain entered into an indemnity agreement with American Resources Insurance Company ("American Resources") wherein Berry...

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