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CEDAR HEIGHTS PLANTATION v. NIAGARA PORTFOLIO CORP., INC.

1931854.

661 So.2d 230 (1995)

CEDAR HEIGHTS PLANTATION, et al. v. NIAGARA PORTFOLIO CORPORATION, INC., and Goldome Credit Corporation, Inc.

Supreme Court of Alabama.

May 5, 1995.

Attorney(s) appearing for the Case

William W. Smith, Birmingham, for appellants.

Sydney Lavender, Thomas E. Walker and R. Scott Clark of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellees.

BUTTS, Justice.

H. Willis Holmes; Lewis B. Holmes III; Cedar Heights Plantation ("Cedar Heights"), a partnership between Willie Holmes and Lewis Holmes; and Tom McGregor, as trustee in bankruptcy for Cedar Heights, appeal from a summary judgment entered in favor of Goldome Credit Corporation and its corporate parent, Niagara Portfolio Corporation (hereinafter referred to collectively as "Goldome").

In February 1988, Cedar Heights executed a promissory note...

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