EX PARTE HEAD

89-689.

572 So.2d 1276 (1990)

Ex parte Nelson H. HEAD, Beverly P. Head, Jr., James R. Forman, Jr., and Thomas L. Howard. (Re Nelson H. HEAD, et al. v. THISTLE CONSTRUCTION COMPANY, INC.)

Supreme Court of Alabama.

September 28, 1990.


Attorney(s) appearing for the Case

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

Rodney E. Nolen of Sirote & Permutt, Birmingham, for respondent.


JONES, Justice.

We granted the defendant's petition for a writ of certiorari in order to address their contention that the Court of Civil Appeals' decision affirming the plaintiff's summary judgment conflicts with prior decisions of this Court. After a careful study of the record and of the arguments of the parties, we hold that the Court of Civil Appeals erred in affirming the judgment of the trial court; therefore, we...

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