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LEIGHTON AVE. OFFICE PLAZA v. CAMPBELL

1900410, 1900418 and 1900429.

584 So.2d 1340 (1991)

LEIGHTON AVENUE OFFICE PLAZA, LTD., and Julian Jenkins v. James M. CAMPBELL. William J. DAVIS v. James M. CAMPBELL. Gerald G. WOODRUFF, Jr., and Jack S. Wallach v. James M. CAMPBELL.

Supreme Court of Alabama.

Rehearing Denied August 9, 1991.

Attorney(s) appearing for the Case

Jack W. Torbert of Torbert and Torbert, Gadsden, for appellants Leighton Ave. Office Plaza, Ltd. and Julian Jenkins.

Clarence L. McDorman of Yearout, Myers & Traylor, Birmingham, for appellant William J. Davis.

Cleophus Thomas, Jr., Anniston, for appellants Gerald G. Woodruff, Jr., and Jack S. Wallach.

Ralph D. Gaines, Jr. of Gaines, Gaines & Gaines, P.C., Talladega, for appellee James M. Campbell.

HOUSTON, Justice.

On June 23, 1988, Gerald Woodruff and Jack Wallach sued Leighton Avenue Office Plaza, Ltd., an Alabama limited partnership ("the partnership"), Julian Jenkins, William Davis, and Ian McKenzie, seeking to recover damages for breach of contract, breach of fiduciary duty, fraud, and conversion. Jenkins, Davis, and the partnership were served with the complaint on June 29, 1988. Woodruff and Wallach alleged that the partnership had been formed by Gulf...

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