American Trust Corp. v. Champion

In September 1998, American Trust Communication Corporation ("ATCC") sued Mack Champion, Billy Cox, and several fictitiously named defendants, alleging trespass to realty and damage to personalty. ATCC operates a radio station in Prattville. Champion and Cox are employees of the City of Prattville who, ATCC alleged, negligently damaged its radio transmission equipment while they were digging a sewer trench. In April 1999, the circuit court dismissed the complaint, pursuant to Rule 41(b), Ala.R.Civ.P., for lack of prosecution.

In August 1999, American Trust Corporation ("ATC") sued Champion and…