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Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741
((334)229-0649), of any typographical or other errors, in order that corrections may be
made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2007-2008

1060423


Atlantic National Trust, LLC

v.

Jack McNamee


Certified Question from the United States District Court for
the Northern District of Alabama
(2:06-CV-00142)

MURDOCK, Justice.

The United States District Court for the Northern
District of Alabama has certified the following question to
this Court, pursuant to Rule 18, Ala. R. App. P.:

"Whether an assignee of a promissory note who
was not in possession of the note at the time it was
misplaced, lost, or destroyed may enforce the note,
or whether a party who is entitled to enforce a lost
instrument may assign its rights to enforce the
instrument, in light of the provisions of Ala. Code

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