N & C PROPERTIES v. AmSOUTH BANK, N.A.

88-709.

558 So.2d 906 (1990)

N & C PROPERTIES v. AmSOUTH BANK, N.A.

Supreme Court of Alabama.

Rehearing Denied March 2, 1990.


Attorney(s) appearing for the Case

Charles Cleveland of Cleveland & Cleveland, Birmingham, for appellant.

Maibeth J. Porter of Maynard, Cooper, Frierson & Gale, Birmingham, for appellee AmSouth Bank, N.A.

Norman P. Snell of Trimmier and Associates, Birmingham, for Vanguard Bank & Trust Co.

James C. Huckaby, Jr. and Lisa Huggins of Haskell, Slaughter & Young, Birmingham, for Dr. Thomas L. Windham and Linda T. Windham.


KENNEDY, Justice.

The plaintiff, N & C Properties ("N & C"), appeals from a summary judgment in favor of defendant AmSouth Bank, N.A. ("AmSouth"), that was made final pursuant to Rule 54(b), A.R.Civ.P.1 We affirm.

The issue is whether AmSouth improperly refused to fund four letters of credit (referred to herein as "LCs") presented for payment by a court-appointed successor escrow agent.

On June 10, 1983, AmSouth...

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