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LEASING SERVICE CORP. v. HOBBS EQUIPMENT CO.

No. 89-7179.

894 F.2d 1287 (1990)

LEASING SERVICE CORPORATION, a corporation, Plaintiff-Third Party Plaintiff-Appellee, Cross-Appellant, v. HOBBS EQUIPMENT COMPANY, a corporation, Defendant-Third Party Plaintiff-Appellee, Cross-Appellant, v. COLONIAL BANK OF NORTH ALABAMA, formerly Bank of Moulton, a corporation, Third Party Defendant, Appellant, River City Construction Company, Inc., an Alabama corporation, Third Party Defendant.

United States Court of Appeals, Eleventh Circuit.

As Amended March 15, 1990.

Attorney(s) appearing for the Case

George W. Royer, Jr., William J. Gibbons, Jr., Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, P.C., Huntsville, Ala., for Colonial Bank of North Alabama.

L. Bruce Ables, Berry, Ables, Tatum, Little & Baxter, P.C., Huntsville, Ala., for Hobbs Equipment Co.

Michael L. Hall, Corneal L. Domeck, III, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, Ala., for Leasing Service Corp.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises on appeal from (1) the district court's grant of summary judgment to the plaintiff Leasing Services Corporation ("LSC") against the defendant Hobbs Equipment Co. ("Hobbs") and the third-party defendant Colonial Bank ("the Bank") and (2) the district court's grant of summary judgment to Hobbs on its third-party complaint against the Bank. 707 F.Supp. 1276.

I. FACTS

A....

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