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CLEVELAND v. HIGGINBOTHAM OIL CO., INC.

2970772

724 So.2d 34 (1998)

Greg CLEVELAND and Kerri Cleveland v. HIGGINBOTHAM OIL COMPANY, INC.; and Higginbotham Oil Company, Inc., d/b/a Sunny Food Stores.

Court of Civil Appeals of Alabama.

October 9, 1998.

Attorney(s) appearing for the Case

Nat Bryan and David H. Marsh of Law Offices of David H. Marsh, P.C., Birmingham, for Greg Cleveland and Kerri Cleveland.

Dennis G. Pantazis and Craig L. Lowell of Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, for Higginbotham Oil Company, Inc.

BEATTY, Retired Justice.

In August 1996, Greg Cleveland and Kerri Cleveland sued Higginbotham Oil Company, Inc., and Higginbotham Oil Company, Inc., d/b/a Sunny Food Stores (hereinafter referred to as "Higginbotham"). The Clevelands alleged that Higginbotham was guilty of fraud and breach of contract.

Higginbotham's answer denied the allegations. Thereafter, Higginbotham filed a summary judgment motion supported by a brief and documentation in support. The...

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