APPALACHIAN TRANSP. GROUP, INC. v. PARKS

1971617.

738 So.2d 878 (1999)

APPALACHIAN TRANSPORTATION GROUP, INC., et al. v. Jimmy Clyde PARKS et al.

Supreme Court of Alabama.

June 18, 1999.


Attorney(s) appearing for the Case

L. Vastine Stabler, Jr., Birmingham, for appellants Q Capital Corp., Q Financial Group, Inc., Philip Moylan, and Stephen Parrish.

Jeffrey B. Carr and Charles R. Hare, Jr., of Gullahorn & Hare, P.C., Albertville, for appellants Appalachian Transportation Group, Inc., and Wade Dulaney Shell.

James F. Walsh and Michael J. Velezis of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for appellees.


COOK, Justice.

This is an appeal from the issuance of a temporary injunction. We reverse and remand.

On July 25, 1997, Appalachian Transportation Group, Inc. ("Appalachian"), a Tennessee corporation, entered a "Prompt Payment Guarantee Agreement" with Q Capital, a New Jersey corporation. The agreement provided that Appalachian would assign its accounts receivable to Q Capital, for which Q Capital would pay Appalachian approximately 96% of the amount due on...

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