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BE&K INC. v. BAKER

1020594.

875 So.2d 1185 (2003)

BE&K, Inc., et al. v. Alex D. BAKER et al.

Supreme Court of Alabama.

September 5, 2003.

Attorney(s) appearing for the Case

James W. Gewin and Philip J. Carroll III of Bradley Arant Rose & White, LLP, Birmingham; and Hewitt L. Conwill of Conwill & Justice, Columbiana, for appellants BE&K, Inc., and BE&K Properties, Inc.

William J. Baxley and David McKnight of Baxley, Dillard, Dauphin & McKnight, Birmingham; and Frank C. Ellis, Jr., of Wallace, Ellis, Fowler & Head, Columbiana, for appellants Polar Property Development, Inc., and Polar Real Estate Corporation.

James A. Harris, Jr., James A. Harris III, and Clyde O. "Tres" Westbrook III of Harris & Harris, LLP, Birmingham; and James W. Fuhrmeister of Allison, May, Alvis, Fuhrmeister, Kimbrough & Sharp, Birmingham, for appellees Alex D. Baker; SNA, Inc.; Baker, Inc.; and Ron Carlson.

WOODALL, Justice.

BE&K, Inc., BE&K Properties, Inc., Polar Real Estate Corporation, and Polar Property Development, Inc. (hereinafter referred to collectively as "the counterclaim defendants"), appeal, pursuant to Ala. R.App. P. 5, from the trial court's interlocutory order denying their motions for judgment on the pleadings. We granted permission to appeal, and we now dismiss the appeal without prejudice.

I.

Polar-BEK Company ("Polar-BEK...

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