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AMERICAN LIBERTY INS. CO. v. AMSOUTH BANK

1001641.

825 So.2d 786 (2002)

AMERICAN LIBERTY INSURANCE COMPANY v. AmSOUTH BANK.

Supreme Court of Alabama.

January 18, 2002.

Attorney(s) appearing for the Case

Thomas L. Selden and Elise Frohsin of Starnes & Atchison, Birmingham, for appellant.

Henry E. Simpson and Robert D. Eckinger of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham; and William H. Hardie of Johnstone, Adams, Bailey, Gordon & Harris, L.L.C., Mobile, for appellee.

HOUSTON, Justice.

This case involves the right of a surety of an estate to sue to recover funds from a bank that paid a check made out to the estate and endorsed by the person who was appointed conservator of the estate before that person's appointment as conservator. American Liberty Insurance Company ("ALIC"), as surety for the conservator of the estate of Mathe Bernard Sumrall, appeals the Mobile Circuit Court's summary judgment in favor of AmSouth Bank, and the...

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