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EX PARTE ALFA FINANCIAL CORP.

1970597.

762 So.2d 850 (1999)

Ex parte ALFA FINANCIAL CORPORATION. (In re Evan Allen Smith and Ed Smith v. Alfa Financial Corporation).

Supreme Court of Alabama.

Rehearing Denied October 29, 1999.

Attorney(s) appearing for the Case

Albert L. Jordan, B. Glenn Murdock, and Michael L. Jackson of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; and William P. Gray, Jr., of Gray & Jauregui, Montgomery, for petitioner.

J. Gusty Yearout and John G. Watts of Yearout, Myers & Traylor, P.C., Birmingham; and Mac Parsons, Bessemer, for respondents.

On Application For Rehearing

HOUSTON, Justice.

The opinion of August 21, 1998, is withdrawn, and the following opinion is substituted therefor.

On May 15, 1996, Evan Allen Smith and Ed Smith sued Alfa Financial Corporation to recover, as damages, interest they had paid on a loan that they claimed violated Ala.Code 1975, § 5-19-22(a) ("No creditor... shall engage in the business of making consumer loans ... without first having obtained...

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