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JOHN DEERE CONST. EQUIPMENT CO. v. ENGLAND

1020984.

883 So.2d 173 (2003)

JOHN DEERE CONSTRUCTION EQUIPMENT COMPANY v. Earnest ENGLAND, individually, Johnny England, individually, and Earnest England and Johnny England d/b/a England Logging.

Supreme Court of Alabama.

Rehearing Denied December 19, 2003.

Attorney(s) appearing for the Case

Christopher S. Rodgers, Frank E. Lankford, Jr., J. Patrick Strubel, and David L. Brown, Jr., of Huie, Fernambucq & Stewart, LLP, Birmingham, for appellant.

Larry A. Golston, Jr., ad Rhon E. Jones of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, for appellees.

STUART, Justice.

John Deere Construction Equipment Company ("Deere") appeals from a judgment entered against it by the Perry Circuit Court. We reverse the trial court's judgment and remand.

Facts

Earnest England and Johnny England are brothers; together they operate a business known as England Logging. Deere manufactures, among other things, heavy industrial equipment. In the early 1990s, it developed and marketed a line of skidders designated...

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