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PHILLIPS v. WAYNE'S PEST CONTROL CO., INC.

1911484.

623 So.2d 1099 (1993)

Larry PHILLIPS and Elaine Phillips v. WAYNE'S PEST CONTROL COMPANY, INC., et al.

Supreme Court of Alabama.

June 30, 1993.

Attorney(s) appearing for the Case

David McKnight of Baxley, Dillard & Dauphin, Birmingham, for appellants.

John W. Clark, Jr. and Michael E. Henderson of Clark & Scott, P.C. and Garrick L. Stotser of Massey & Stotser, P.C., Birmingham, for appellees.

ALMON, Justice.

The plaintiffs, Larry and Elaine Phillips, brought an action against Thomas Travis,1 from whom the plaintiffs had bought a house, and Wayne's Pest Control Company, Inc. ("WPC"), alleging fraud and breach of contract after they discovered that their house had been damaged by termites. The Phillipses appeal from a summary judgment for WPC on the fraud claim, made final pursuant to Rule 54(b), Ala.R.Civ.P.

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