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N & C PROPERTIES v. WINDHAM

89-1283.

582 So.2d 1044 (1991)

N & C PROPERTIES v. Dr. Thomas L. WINDHAM and Linda T. Windham.

Supreme Court of Alabama.

Rehearing Denied June 7, 1991.

Attorney(s) appearing for the Case

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

W. Howard Donovan III, Birmingham, for appellees.

ON APPLICATION FOR REHEARING

PER CURIAM.

This Court's original opinion of January 11, 1991, is withdrawn, and the following is substituted therefor.

This appeal is from a summary judgment entered in favor of Dr. Thomas Windham and Linda Windham, husband and wife, and against N & C Properties. Because we find no genuine issue of material fact in the evidence presented, we affirm.

N & C Properties sued AmSouth Bank, N.A., the Windhams...

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