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NUNNELLEY v. GE CAPITAL INFORMATION TECH. SOLUTIONS

2971268.

730 So.2d 238 (1999)

Fred NUNNELLEY v. GE CAPITAL INFORMATION TECHNOLOGY SOLUTIONS — NORTH AMERICA, successor-in-interest to Ameridata, Inc. GE Capital Information Technology Solutions —North America, successor-in-interest to Ameridata, Inc. v. Fred Nunnelley.

Court of Civil Appeals of Alabama.

February 19, 1999.

Attorney(s) appearing for the Case

Jesse P. Evans III and Sara J. Senesac of Najjar Denaburg, P.C., Birmingham, for appellant/cross appellee.

Robert W. Tapscott, Jr., and Matthew W. Grill of Maynard, Cooper & Gale, P.C., Birmingham; and James L. Goyer III of Maynard, Cooper & Gale, P.C., of counsel, for appellee/cross appellant.

THOMPSON, Judge.

On April 7, 1997, Fred Nunnelley filed a complaint against Ameridata, Inc., seeking amounts due under a lease. Ameridata's successor-in-interest, GE Capital Information Technology Solutions—North America, Inc. (hereinafter "GECITS"), answered, denying liability; it counterclaimed, seeking a return of overpayment of rents. Both parties moved for a summary judgment. On June 29, 1998, the trial court denied both summary judgment motions. In its...

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