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IVORY v. GULF AGENCY

1931293.

667 So.2d 725 (1995)

Mary IVORY, et al. v. The GULF AGENCY and Stokes Insurance Agency, Inc.

Supreme Court of Alabama.

September 8, 1995.

Attorney(s) appearing for the Case

Marco A. Gonzalez and Jeffrey W. Bennitt of Kizer, Bennitt & Gonzalez, L.L.C., Birmingham, for Appellants.

James W. Garrett, Jr. and Amy C. Vibbart of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for The Gulf Agency, Inc.

James S. Lloyd and Mark Peterson of Lloyd, Schreiber & Gray, P.C., Birmingham, for Stokes Insurance Agency, Inc.

David M. Wilson of Clark & Scott, P.C., Birmingham, for Landmark American Insurance Company, Guaranty National Insurance Company and Orion Capital Companies.

ON APPLICATION FOR REHEARING

KENNEDY, Justice.

This Court's opinion of May 26, 1995, is hereby withdrawn and the following opinion is substituted therefor:

The plaintiffs, Mary Ivory, Walter Ivory, and Thelma Cherry, appeal from a summary judgment in favor of the defendants.

A summary judgment is appropriate when "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law...

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