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BROWN-MARX ASSOCIATES, LTD. v. EMIGRANT SAV. BANK

Civ. A. No. CV79-PT-1423-S.

527 F.Supp. 277 (1981)

BROWN-MARX ASSOCIATES, LTD., et al., Plaintiffs, v. EMIGRANT SAVINGS BANK, et al., Defendants.

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

As Amended December 7, 1981.

Attorney(s) appearing for the Case

Ollie L. Blan, Jr. and John P. McKleroy, Jr., Spain, Gillon, Riley, Tate & Etheredge, Birmingham, Ala., for plaintiffs.

James L. North and Guy V. Martin, Jr., North, Haskell, Slaughter, Young & Lewis, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on defendant's Motion for Partial Summary Judgment filed on November 5, 1981. Defendant's November 5 motion seeks dismissal of plaintiffs' "Fourth Claim" in which plaintiffs seek recovery under a theory of the "tort of bad faith" as espoused in Chavers v. National Security Fire & Casualty Co., 405 So.2d 1 (Ala.1981).

Plaintiffs...

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