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POTTER v. FIRST REAL ESTATE CO., INC.

1010339.

844 So.2d 540 (2002)

Joseph POTTER and Jamie Potter, v. FIRST REAL ESTATE COMPANY, INC., and Dawn Borden.

Supreme Court of Alabama.

September 6, 2002.

Attorney(s) appearing for the Case

W. Lee Pittman and C. Carter Clay of Pittman, Hooks, Dutton & Hollis, P.C., Birmingham (rehearing brief filed by W. Lee Pittman, C. Carter Clay, and J. Chris Cochran of Pittman, Hooks, Dutton, Kirby & Hellums, P.C., Birmingham), for appellants.

Michael R. Lunsford and William Perry Webb of Porterfield, Harper & Mills, P.A., Birmingham, for appellees.

On Application for Rehearing

LYONS, Justice.

The opinion of May 24, 2002, is withdrawn, and the following is substituted therefor.

Joseph Potter and Jamie Potter filed an action to recover damages from Dawn Borden and First Real Estate Company, Inc., based upon allegations of misrepresentation, suppression, fraud, promissory fraud, breach of contract, negligence and recklessness in the sale of a house. Borden and First Real Estate moved for...

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