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ATLANTIC NAT. TRUST, LLC v. McNAMEE

1060423.

984 So.2d 375 (2007)

ATLANTIC NATIONAL TRUST, LLC v. Jack McNAMEE.

Supreme Court of Alabama.

October 5, 2007.

Attorney(s) appearing for the Case

Jason D. Woodard and Jennifer A. Harris of Burr & Forman, LLP, Birmingham, for plaintiff.

Rachel J. Moore and Donald D. Knowlton of Najjar Denaburg, P.C., Birmingham, for defendant.

MURDOCK, Justice.

The United States District Court for the Northern District of Alabama has certified the following question to this Court, pursuant to Rule 18, Ala. R.App. P.:

"Whether an assignee of a promissory note who was not in possession of the note at the time it was misplaced, lost, or destroyed may enforce the note, or whether a party who is entitled to enforce a lost instrument may assign its rights to enforce the instrument, in light of the provisions...

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