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AmSOUTH BANK v. ALLRIGHT BIRMINGHAM, INC.

89-1849.

590 So.2d 224 (1991)

AmSOUTH BANK OF ALABAMA, N.A., a National Banking Association, as Agent for the Beneficiaries and their Successors in Interest of that Trust Established under the Will of Cora Ely Gregg, Deceased, et al. v. ALLRIGHT BIRMINGHAM, INC.

Supreme Court of Alabama.

November 15, 1991.

Attorney(s) appearing for the Case

Alton B. Parker, Jr. of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for appellants.

Charles A. Powell III and Robert G. Boliek, Jr. of Powell, Tally & Frederick, Birmingham, for appellee.

KENNEDY, Justice.

AmSouth Bank, N.A., a National Banking Association ("AmSouth"), as agent for the beneficiaries and their successors in interest to a trust established by the will of Cora Ely Gregg, and other plaintiffs filed an action to recover from Allright Birmingham, Inc. ("Allright"), "back" rent allegedly owed the beneficiaries of the trust pursuant to a lease agreement. The case was tried without a jury, and the trial court entered a judgment holding that...

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