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BORDEN v. CLEMENT

CIV.A. No. 94-C-1341-NE.

261 B.R. 275 (2001)

Das A. BORDEN, Plaintiff, v. John D. CLEMENT, Jr., Defendant.

United States District Court, N.D. Alabama, Northeastern Division.

March 30, 2001.

Attorney(s) appearing for the Case

J.L. Chestnut, Jr., Chestnut, Sanders, Sanders, Pettaway, Campbell & Albright, PC, Selma, AL, David C. Johnson, Mavanee, Routt, Bear, Hubert G. Taylor, David Cromwell Johnson & Associates, Birmingham, AL, for appellant.

Bert S. Nettles, Mark D. Hess, Joseph Lamar Cowan, II, London & Yancey LLC, Birmingham, AL, for appellee.

MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

CLEMON, Chief Judge.

In 1993, Plaintiff Das A. Borden brought this lawsuit for breach of fiduciary duty, violation of the attorney's oaths set forth in §§ 34-3-20(d) and 34-3-15 of the Code of Alabama, violation of the Alabama Rules of Professional Conduct, wantonness/malice, legal malpractice, and defamation against his former attorney, business partner and friend, John D. Clement,...

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