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EX PARTE McLEOD

1950497.

678 So.2d 1108 (1996)

Ex parte Kenneth D. McLEOD and Jackie O. McLeod. (Re Thomas Robin McINTYRE v. Kenneth D. McLEOD and Jackie O. McLeod).

Supreme Court of Alabama.

May 31, 1996.

Attorney(s) appearing for the Case

Marrell J. McNeal, Auburn, for petitioners.

Russell K. Bush of Walker, Hill, Adams, Umbach, Meadows & Walton, Opelika, for respondent.

KENNEDY, Justice.

WRIT DENIED.

ALMON, SHORES, INGRAM, and COOK, JJ., concur.

HOOPER, C.J., and MADDOX, HOUSTON, and BUTTS, JJ., dissent.

HOOPER, Chief Justice (dissenting).

On June 29, 1994, the respondent, Thomas McIntyre, filed a three-count complaint against Dr. Kenneth D. McLeod and his wife Jackie O. McLeod, in the Lee County Circuit Court, alleging fraud. On February 23, 1995, the trial court granted the McLeods' motion for summary...

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