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JACKSON v. McCUTCHEON

1901595.

602 So.2d 370 (1992)

Richard T. JACKSON, d/b/a Jackson Residential Construction Company v. Seth E. McCUTCHEON and Reaby M. McCutcheon.

Supreme Court of Alabama.

July 31, 1992.

Attorney(s) appearing for the Case

Thomas L. Rountree of Rountree, Thrash & Camp, P.C., Opelika, for appellant.

John A. Tinney, Roanoke, for appellees.

SHORES, Justice.

The sole issue presented in this appeal by the plaintiff, Richard T. Jackson, d/b/a Jackson Residential Construction Company, is whether the trial court erred to reversal in granting a new trial after the jury returned a verdict of $75,000 against the defendants, Seth E. and Reaby M. McCutcheon. We affirm the new trial order on the authority of Ex parte Oliver, 532 So.2d 627 (Ala.1988), where we said:

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