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McCULLEY v. SOUTHTRUST BANK OF BALDWIN

1900038.

575 So.2d 1106 (1991)

Robert McCULLEY, as executor of the Estate of Sue Cheatham, deceased v. SOUTHTRUST BANK OF BALDWIN COUNTY.

Supreme Court of Alabama.

March 1, 1991.

Attorney(s) appearing for the Case

Dennis G. Pantazis of Gordon, Silberman, Wiggins & Childs, Birmingham, for appellant.

D. Charles Holtz of Wilkins, Druhan & Holtz, Mobile, for appellee.

HOUSTON, Justice.

Over a year after the death of Ms. Sue Cheatham, Robert McCulley, as executor of her estate, filed this action against South Trust Bank of Baldwin County ("the Bank"), alleging breach of contract, conversion, and suppression of material facts. The Bank filed a motion for summary judgment, alleging that "there are no genuine issues of material fact and judgment is due to be entered as a matter of law." Attached to the motion was a certified copy of...

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