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SCHOEN v. STYRON

84-466.

480 So.2d 1187 (1985)

Edward W. SCHOEN v. Jerald W. STYRON, Jr.

Supreme Court of Alabama.

November 8, 1985.

Attorney(s) appearing for the Case

Oliver J. Latour, Jr. of Owens, Latour & Simpson, Bay Minette, for appellant.

Pamela W. Baschab of Chason and Underwood, Foley, for appellee.

MADDOX, Justice.

The issue on this appeal is whether the trial court erred in allowing plaintiff/appellee to amend his complaint at trial at the close of his evidence pursuant to Rule 15(b), Ala.R.Civ.P.

FACTS

On April 30, 1984, plaintiff, a shrimp fisherman, filed the following complaint in the Baldwin County Circuit Court:

"Count I "1. On or about July, 1981, Jerald W. Styron, Jr., Plaintiff in this cause, entered into...

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