Legal Opinion
Alabama Kraft Co. v. SOUTHEAST ALA. GAS
Supreme Court of Alabama
Decided September 28, 1990No. 89-715-CERPublishedCited by 10 opinions
1Opinion of the Court
Pursuant to Rule 18, A.R.App.P., this Court accepted the following certified questions from the United States District Court:
"1. Is Duff Phelps' claim against Smith's estate barred by the Alabama Statute of Nonclaim, § 43-2-350(b), Code of Alabama 1975, or is it a 'contingent claim' within the exception to that statute?
"2. Does Duff Phelps' claim survive Smith's death by virtue of § 6-5-462, Code of Alabama 1975, and/or § 6-5-464, Code of Alabama 1975?"
The following statement of facts accompanied the certified questions:
"Defendant/Third-Party Plaintiff Duff Phelps, Inc. ('Duff Phelps'), was a…
2Cases cited18 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Brady Belcher v. Birmingham Trust National Bank, as Trustee, Etc.Court of Appeals for the Fifth Circuit · 1968
- In the Matter of Covington Grain Company, Inc., a Corporation, Bankrupt. Collateral Control Corporation v. Wiley Deal, TrusteeCourt of Appeals for the Fifth Circuit · 1981
- American Southern Insurance Co. v. Dime Taxi Svc., Inc.Supreme Court of Alabama · 1963
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- SOUTHTRUST BANK v. Webb-Stiles Co., Inc.Supreme Court of Alabama · 2005
- SouthTrust Bank v. JONES, MORRISON, WOMACKCourt of Civil Appeals of Alabama · 2005
- Line v. VenturaSupreme Court of Alabama · 2009
- Matthews Bros. Construction Co. v. Stonebrook Development, L.L.C.Supreme Court of Alabama · 2003
- AMERICAN COMMERCIAL BARGE LINE COMPANY v. RoushSupreme Court of Alabama · 2000
5 more not listed; retrieve them via the Exa API.