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TUCKER v. RICHARD M. SCRUSHY CHARITABLE

1100736.

93 So.3d 83 (2012)

Wade TUCKER et al. v. RICHARD M. SCRUSHY CHARITABLE FOUNDATION, INC.

Supreme Court of Alabama.

April 6, 2012.

Attorney(s) appearing for the Case

Hope T. Cannon , N. Christian Glenos , and Marc James Ayers of Bradley Arant Boult Cummings LLP, Birmingham, for appellant HealthSouth Corporation.

John W. Haley , Ralph D. Cook , Bruce J. McKee , and Michael D. Ermet of Hare, Wynn, Newell & Newton, LLP, Birmingham; John Q. Sommerville of Sommerville, LLC, Birmingham; Frank P. DiPrima of Law Office of Frank DiPrima, PA, Morristown, New Jersey; and Steven P. Gregory of Gregory Law Firm, P.C., Birmingham, for appellants Wade Tucker and Wendell H. Cook, Sr., Testamentary Trust.

Christopher R. Hood of Lietman, Siegal, Payne & Campbell, P.C., Birmingham; and Timothy M. Fulmer and David D. Schoel of Natter & Fulmer, P.C., Birmingham, for appellee.

PARKER, Justice.

Wade Tucker, the Wendell H. Cook, Sr. Testamentary Trust, and HealthSouth Corporation (hereinafter collectively referred to as "the plaintiffs") appeal from the circuit court's partial summary judgment in favor of the Richard M. Scrushy Charitable Foundation, Inc. ("the Foundation"). We reverse and remand.

Facts and Procedural History

The circuit court set forth the relevant facts and the procedural history in its order granting...

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