Bence v. Alabama Coal Cooperative

On Application for Rehearing

COOK, Justice.

The opinion of November 3, 1995, is withdrawn and the following is substituted therefor. Charles L. Bence appeals from a summary judgment entered in favor of Alabama Coal Cooperative, a nonprofit corporation created by small coal producers to attract business for their companies. Bence alleges the breach of a 5-year employment contract that designated him as general manager of the cooperative and provided that he would be compensated at a rate of $.25 per ton of coal sold by the cooperative from March 1991 through March 1996. Bence, who served on the…