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HUGHES DEVELOPERS, INC. v. MONTGOMERY

1030841.

903 So.2d 94 (2004)

HUGHES DEVELOPERS, INC. v. Mays E. MONTGOMERY.

Supreme Court of Alabama.

Rehearing Denied December 17, 2004.

Attorney(s) appearing for the Case

Robert V. Rodgers of Wilmer & Lee, P.A., Huntsville, for appellant.

J. Robert Miller, Huntsville, for appellee.

LYONS, Justice.

The defendant, Hughes Developers, Inc., appeals from a judgment of the Madison Circuit Court awarding the plaintiff, Mays E. Montgomery, $178,875. The judgment represents the total amount of a loan, plus interest, made by Montgomery to Morris W. Frank, the former president of Hughes Developers. We reverse and remand.

I. Facts and Procedural History

This is the second time this case has come before this Court. In the first opinion...

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