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OLD REPUBLIC SUR. CO. v. AUTO AUCTION OF MONTGOMERY, INC.

2991198.

816 So.2d 1059 (2001)

OLD REPUBLIC SURETY COMPANY v. AUTO AUCTION OF MONTGOMERY, INC.

Court of Civil Appeals of Alabama.

May 18, 2001.

Attorney(s) appearing for the Case

Kay L. Cason and Donna Eich Brooks of Gorham & Waldrep, P.C., Birmingham, for appellant.

Kile T. Turner of Norman, Wood, Kendrick & Turner, Birmingham, for appellee.

CRAWLEY, Judge.

Old Republic Surety Company issued a used-motor-vehicle-dealer bond to Milo Aita, pursuant to Ala.Code 1975, § 40-12-398. Aita purchased a used motor vehicle from Auto Auction of Montgomery, Inc., with a check for $6,640. The check was returned for insufficient funds. Auto Auction sued Aita in the Shelby Circuit Court, which eventually entered a $7,636 default judgment against Aita. Auto Auction filed a claim against Old Republic, seeking payment...

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