District Court, N.D. Alabama December 7, 1981, Civ. A. CV79-PT-1423-S (Brown-Marx Associates, Ltd. v. Emigrant Savings Bank)

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on defendant’s Motion for Partial Summary Judgment filed on November 5, 1981. Defendant’s November 5 motion seeks dismissal of plaintiffs’ “Fourth Claim” in which plaintiffs seek recovery under a theory of the “tort of bad faith” as espoused in

Chavers v. National Security Fire & Casualty Co.,

405 So.2d 1 (Ala.1981).