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COOSA RIVER WATER AUTH. v. SOUTHTRUST BANK

1910465, 1910390.

611 So.2d 1058 (1993)

The COOSA RIVER WATER, SEWER AND FIRE PROTECTION AUTHORITY v. SOUTHTRUST BANK OF ALABAMA, N.A. SOUTHTRUST BANK OF ALABAMA, N.A. v. The COOSA RIVER WATER, SEWER AND FIRE PROTECTION AUTHORITY.

Supreme Court of Alabama.

January 15, 1993.

Attorney(s) appearing for the Case

John W. Haley and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellant/cross-appellee.

Samuel H. Franklin, Michael L. Bell and S. Douglas Williams, Jr. of Lightfoot, Franklin, White & Lucas, Birmingham, for appellee/cross-appellant.

MADDOX, Justice.

This lawsuit arises out of a failed waterfront development in Talladega County originally known as Point Aquarius and now operated as Alpine Bay Resort. The dispositive issue on appeal is: Did the trial court err in instructing the jury on the elements of an express trust in Alabama? More precisely stated, the issue presented is whether the trial court erred in instructing the jury that, in order to find that a valid express trust had been created...

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