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PHILLIPS TRUCK STOP, INC. v. RADCLIFF/ECONOMY MARINE SERVICES, INC.

2991019.

796 So.2d 1119 (2000)

PHILLIPS TRUCK STOP, INC. v. RADCLIFF/ECONOMY MARINE SERVICES, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied January 12, 2001.

Certiorari Denied April 27, 2001.

Attorney(s) appearing for the Case

W.A. Kimbrough, Jr., and Marc E. Bradley of Turner, Onderdonk, Kimbrough & Howell, P.A., Mobile, for appellant.

Allan R. Chason of Chason & Chason, P.C., Bay Minette, for appellee.

Alabama Supreme Court 1000833.

MONROE, Judge.

In October 1998, Radcliff/Economy Marine Services, Inc. ("Radcliff"), sued Phillips Truck Stop, Inc. ("Phillips"), alleging that Phillips was in default under the terms of an agreement between Radcliff and Phillips and seeking a judgment against Phillips. Phillips filed an answer and a counterclaim, seeking damages for breach of contract and misrepresentation.

Radcliff moved for a summary judgment on Phillips...

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