PER CURIAM.
Montgomery Beverage Company, Inc., d/b/a Mobile Beer and Wine Company, petitioned this Court, pursuant to Rule 5, Ala. R.App. P., for permission to appeal from the denial of its motion for a partial summary judgment. This Court granted permission to appeal.
In light of this Court's opinion in Byrd v. Dillard's, Inc., [Ms. 1021439, April 2, 2004] ___ So.2d ___ (Ala.2004), the trial court's order denying the motion for a partial summary judgment...
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