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WAITS v. CROWN DODGE CHRYSLER PLYMOUTH

2981305.

770 So.2d 618 (1999)

James WAITS v. CROWN DODGE CHRYSLER PLYMOUTH, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied February 25, 2000.

Certiorari Denied May 12, 2000.

Attorney(s) appearing for the Case

Stewart Burns of Burns, Burns, Burns & Morgan, Gadsden, for appellant.

J.L. Klinefelter and Jennifer H. Wilkinson of Burnham & Klinefelter, P.C., Anniston, for appellee.

Alabama Supreme Court 1991083.

MONROE, Judge.

The plaintiff, James Waits, appealed from a summary judgment in favor of the defendant, Crown Dodge Chrysler Plymouth, Inc. ("Crown Dodge"). His appeal was deflected to this Court by the Alabama Supreme Court pursuant to § 12-2-7(6), Ala.Code 1975. We reverse and remand.

Rule 56(c), Ala. R. Civ. P., provides that a summary judgment is appropriate if "there is no genuine issue as to any material fact...

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