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INDUSTRIAL DEVELOPMENT BD. OF THE CITY OF MONTGOMERY v. RUSSELL

1091215.

124 So.3d 127 (2013)

The INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY v. George Earl RUSSELL et al.

Supreme Court of Alabama.

March 29, 2013.

Attorney(s) appearing for the Case

Thomas T. Gallion III and Constance C. Walker of Haskell Slaughter Young & Gallion, LLC, Montgomery; and Jesse P. Evans III of Haskell Slaughter Young & Rediker, LLC, Birmingham, for appellant.

Randy Myers and Frank H. Hawthorne, Jr. , of Hawthorne & Myers, LLC, Montgomery, for appellees.

Kimberly O. Fehl , Legal Department, City of Montgomery, for amicus curiae City of Montgomery in support of the petitioner's application for rehearing.

Tyrone C. Means of Thomas Means Gillis & Seay, PC, Montgomery, for amicus curiae Montgomery County Commission, in support of the petitioner's application for rehearing.

On Application for Rehearing

MURDOCK, Justice.

The opinion of August 12, 2011, is withdrawn and the following is substituted therefor.

The Industrial Development Board of the City of Montgomery ("the IDB") appeals, pursuant to Rule 5, Ala. R.App. P., from the Montgomery Circuit Court's interlocutory order denying its motion for a summary judgment as to the breach-of-contract claims asserted against it by George Earl Russell and Thomas E. Russell...

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