MEMORANDUM OPINION AND ORDER
ALBRITTON, Chief Judge.
I. Introduction
This cause is before the court on a Motion for Summary Judgment (doc. 40) filed by the defendants, Hugh Cole Builder, Inc. and Hugh Cole, individually, (collectively referred to as "Cole") on July 23, 1999. In accordance with Alabama Rule of Appellate Procedure 18, this court has proposed, on its own motion, that a determinative question of state law pertaining to...
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