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B & G, L.L.C. v. AmSOUTH BANK, N.A.

2970031.

716 So.2d 1263 (1998)

B & G, L.L.C. v. AmSOUTH BANK, N.A., and Sue Anne Cole.

Court of Civil Appeals of Alabama.

Rehearing Denied May 29, 1998.

Attorney(s) appearing for the Case

Jesse P. Evans III and Laurie Boston Sharp of Najjar Denaburg, P.C., Birmingham, for appellant.

C. Ellis Brazeal III of Walston, Wells, Anderson & Bains, L.L.P., Birmingham, for appellees.

HOLMES, Retired Appellate Judge.

B & G, L.L.C., appeals from a summary judgment entered in favor of AmSouth Bank, N.A., a national banking association (AmSouth), and Sue Anne Cole.

The facts of this case are undisputed, and they have been summarized by the trial court as follows:

"1. This action was brought to determine the rights of AmSouth and Cole, in and to a common wall which serves as the fourth wall of a warehouse owned by Cole (the `warehouse...

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