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CREDIT ALLIANCE CORP. v. CORNELIUS & RUSH COAL CO., INC.

No. 77 M-1109.

508 F.Supp. 63 (1980)

CREDIT ALLIANCE CORP., Plaintiff, v. CORNELIUS & RUSH COAL CO., INC.; Howard Cornelius and Christopher C. Rush, Defendants and Third Party Plaintiffs, v. SOUTHEASTERN DRILLING AND BLASTING COMPANY, INC., Third Party Defendant.

United States District Court, N. D. Alabama, W. D.

November 19, 1980.

Attorney(s) appearing for the Case

Jerry W. Powell, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, Ala., for plaintiff.

Ralph Smith, Jr., Starnes, Smith & Wilkes, Guntersville, Ala., Thomas B. Huie, Huie, Fernambucq, Stewart & Smith, Terry Bullard, Birmingham, Ala., for defendants and third party plaintiffs.

MEMORANDUM OPINION

McFADDEN, District Judge.

This cause is before the court on plaintiff's motion for summary judgment. Plaintiff, the assignee of a contract for the sale of a pneumatic drill, seeks to recover the deficiency due after the repossession and public sale of the drill. Cornelius & Rush Coal Company, Inc., the buyer of the drill, and Howard Cornelius and Christopher C. Rush were guarantors of the contract. Defendants claim the drill was defective...

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