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LUKER v. PERRY

Civ. 1150.

351 So.2d 591 (1977)

John E. LUKER and Charles E. Cox v. Robert E. PERRY and Charles Cummings, Jr.

Court of Civil Appeals of Alabama.

October 26, 1977.

Attorney(s) appearing for the Case

George K. Williams of Williams, Spurrier, Rice, Henderson & Grace, Huntsville, for appellants.

James P. Smith of Ford, Caldwell, Ford & Payne, Huntsville, for appellees.

WRIGHT, Presiding Judge.

This is an appeal from a judgment for plaintiff, Robert E. Perry, after suit upon a bond for a temporary injunction executed and filed by defendants pursuant to Title 7, § 1043, Code of Alabama (1940) (Recomp. 1958). We affirm.

In 1972, Cox and Perry, Inc., a corporation, brought an action against Robert E. Perry and Charles Cummings, Jr. seeking declaration of a resulting trust in favor of Cox and Perry, Inc. in the receipts...

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