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BROWN MECH. CONTRACTORS, INC. v. CENTENNIAL INS. CO.

81-35, 81-36, 81-78 and 81-79.

431 So.2d 932 (1983)

BROWN MECHANICAL CONTRACTORS, INC. v. CENTENNIAL INSURANCE COMPANY, National Union Fire Insurance Company, et al. GOODNER CONSTRUCTION COMPANY v. CENTENNIAL INSURANCE COMPANY, National Union Fire Insurance Company, et al. MARLEY COOLING TOWER COMPANY v. GOODNER CONSTRUCTION COMPANY, Brown Mechanical Contractors, Inc., Republic Steel Corporation, Centennial Insurance Company, and National Union Fire Insurance Company. CENTENNIAL INSURANCE COMPANY and National Union Fire Insurance Company v. MARLEY COOLING TOWER COMPANY.

Supreme Court of Alabama.

Rehearing Denied March 11, 1983.

Rehearing Denied April 22, 1983.

Attorney(s) appearing for the Case

Foster Etheredge and J. Mark Hart, of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for Brown Mechanical Contractors.

S.R. Starnes and L. Graves Stiff, III, of Starnes & Atchison, Birmingham, for Goodner Const. Co.

William T. Mills, II and Jack B. Porterfield, Jr., Birmingham, for Marley Cooling Tower Co.

Robert D. Norman and Robert L. Williams, of Norman, Fitzpatrick & Wood, Birmingham, for National Union Fire Ins. Co., and Centennial Ins. Co.

ON APPLICATION FOR REHEARING

BEATTY, Justice.

The original opinion in this case, dated September 24, 1982, is withdrawn, and the following opinion is substituted therefor:

These consolidated appeals arose out of a fire that destroyed a partially built cooling tower and damaged its foundation. The structure was promptly rebuilt but the parties could not agree on which contractor bore the risk of loss of...

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