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HARRIS v. M & S TOYOTA, INC.

89-404, 89-414.

575 So.2d 74 (1991)

Scott HARRIS and Celine Harris v. M & S TOYOTA, INC., d/b/a Toyota City. M & S TOYOTA, INC. v. Scott HARRIS and Celine Harris.

Supreme Court of Alabama.

January 11, 1991.

Attorney(s) appearing for the Case

James J. Bushnell, Jr., Rives & Peterson, Birmingham, for appellants/cross-appellees.

Richard A. Meelheim, Vowell & Meelheim, Birmingham, for appellee/cross-appellant.

ON APPLICATION FOR REHEARING

HORNSBY, Chief Justice.

This Court's opinion issued September 28, 1990, is withdrawn, and the following is substituted therefor:

Scott and Celine Harris, the purchasers of a used car, sued M & S Toyota, Inc. ("Toyota City"), on a fraud claim and obtained a jury verdict. The trial court granted Toyota City's motion for a new trial on the ground that the court had erroneously...

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