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SUMLIN CONSTR. CO., L.L.C. v. TAYLOR

1010943.

850 So.2d 303 (2002)

SUMLIN CONSTRUCTION CO., L.L.C., et al. v. William Buck TAYLOR III et al.

Supreme Court of Alabama.

Rehearing Denied December 20, 2002.

Attorney(s) appearing for the Case

L. Daniel Mims, Mobile, for appellants.

Mylan R. Engel and Edgar P. Walsh of Engel, Walsh & Associates, Mobile, for appellees.

HARWOOD, Justice.

On November 10, 1999, Sumlin Construction Co., L.L.C. (hereinafter "the LLC"), and Ray J. Sumlin (hereinafter "Sumlin") sued William Buck Taylor III and American Construction Corporation in the Mobile Circuit Court. Sumlin brought his action derivatively on behalf of the LLC and also asserted individual claims.1 On February 23, 2001, the defendants filed an answer and counterclaim. In their counterclaim, the defendants...

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