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DIXON v. SOUTHTRUST BANK OF DOTHAN, N.A.

89-608.

574 So.2d 706 (1990)

Robert E. DIXON v. SOUTHTRUST BANK OF DOTHAN, N.A., and Pierce Flatt.

Supreme Court of Alabama.

Rehearing Denied January 11, 1991.

Attorney(s) appearing for the Case

William B. Jackson II and James E. Atchison of Hess, Atchison & Horne, Mobile, for appellant.

James D. Farmer of Farmer & Farmer, Dothan, for appellees.

HORNSBY, Chief Justice.

SouthTrust Bank of Dothan, N.A. ("SouthTrust"), sued Robert Dixon for payment on a promissory note that he had co-signed with Gary and Karen DeKay, which was in default. Dixon counterclaimed against SouthTrust and filed a third-party complaint against SouthTrust's chief executive officer, Pierce Flatt, alleging fraud. Prior to trial on SouthTrust's suit on the debt, the trial court entered summary...

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