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  5. 747 F.Supp. 1421 (1990)
 

HOLLINGSHEAD v. BURFORD EQUIPMENT CO.

Civ. A. Nos. 88-D-461-N, 89-D-179-N.

747 F.Supp. 1421 (1990)

Ernest Lee HOLLINGSHEAD, Jr., et al., Plaintiffs, v. BURFORD EQUIPMENT COMPANY, et al., Defendants and Third-Party Plaintiffs, v. Kenneth G. PARMER, Third-Party Defendant. Charles K. CALLIHAN, et al., Plaintiffs, v. BURFORD EQUIPMENT COMPANY, et al., Defendants and Third-Party Plaintiffs, v. Kenneth G. PARMER, Third-Party Defendant.

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

October 15, 1990.

Attorney(s) appearing for the Case

E.J. Saad, Crosby, Saad & Beebe, Mobile, Ala., Jay F. Guin, Tanner, Guin, Ely, Lary & Neiswender, P.C., Tuscaloosa, Ala., for plaintiffs and third-party defendant Kenneth G. Parmer.

Robert G. Tate, A. Brand Walton, Burr & Forman, Birmingham, Ala., for Burford Equip. Co., Burford, Inc., and Lamar Burford.

Richard A. Ball, Jr., Ball, Ball, Matthews & Novak, P.A., Montgomery, Ala., L. Traywick Duffie, Daniel G. Calugar, Kurt A. Powell, Hansell & Post, Atlanta, Ga., for defendants and third-party plaintiffs.

MEMORANDUM OPINION

DUBINA, District Judge.

This cause is before the court on cross motions for summary judgment filed by the parties.

The plaintiffs (hereinafter sometimes referred to collectively as "the Burford employees") filed motions for partial summary judgment on January 17, 1989, and April 23, 1990. They filed memorandum briefs in support thereof on January 18, 1989, February 14, 1989, and June 28, 1990. The defendants, Burford Equipment...

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