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ALABAMA KRAFT CO. v. SOUTHEAST ALA. GAS

89-715-CER.

569 So.2d 697 (1990)

ALABAMA KRAFT COMPANY, A DIVISION OF GEORGIA KRAFT COMPANY (now known as Inland-Rome, Inc.) (plaintiff) v. The SOUTHEAST ALABAMA GAS DISTRICT and Duff & Phelps, Inc. (defendants). DUFF & PHELPS, INC. (third-party plaintiff) v. Vera SMITH, as executrix of the estate of Robert J. Smith, deceased (third-party defendant).

Supreme Court of Alabama.

September 28, 1990.

Attorney(s) appearing for the Case

Warren B. Lightfoot and Madeline H. Haikala of Lightfoot, Franklin, White & Lucas, Birmingham, and Robert H. Harris and James N. Walter, Jr. of Capell, Howard, Knabe & Cobbs, Montgomery, for Alabama Kraft Co.

John R. Matthews, Jr. and Clyde C. Owen, Jr. of Ball, Ball, Matthews & Novak, Montgomery, and Edward C. Fitzpatrick and Patrick E. Deady of Lord, Bissell & Brook, Chicago, Ill., for Duff & Phelps, Inc.

M. Roland Nachman, Jr. and James A. Byram, Jr. of Balch & Bingham, and Griffin Sikes, Montgomery, for Vera Smith, as executrix of the estate of Robert J. Smith, deceased.

HORNSBY, Chief Justice.

Pursuant to Rule 18, A.R.App.P., this Court accepted the following certified questions from the United States District Court:

"1. Is Duff & Phelps' claim against Smith's estate barred by the Alabama Statute of Nonclaim, § 43-2-350(b), Code of Alabama 1975, or is it a `contingent claim' within the exception to that statute? "2. Does Duff & Phelps' claim...

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