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EX PARTE FMC CORP.

1910760.

599 So.2d 592 (1992)

Ex parte FMC CORPORATION. (In re Charlene H. SPENCE, as the surviving spouse and dependent of Garry Spence, Deceased, et al. v. SOUTHERN PINE ELECTRIC COOPERATIVE, et al.)

Supreme Court of Alabama.

May 22, 1992.

Attorney(s) appearing for the Case

Michael D. Knight and Forrest C. Wilson III of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, and Hugh M. Caffey, Jr. of Caffey and Byrd, Brewton, for petitioners.

Frank J. Tipler, Jr. and D. Milburn Gross, Jr. of Tipler and Tipler, Andalusia, for respondents.

HOUSTON, Justice.

The defendant, FMC Corporation ("FMC"), has petitioned this Court for a writ of mandamus directing the Honorable Bradley E. Byrne, judge of the Escambia County Circuit Court, to set aside his order denying its motion for a summary judgment, in this action seeking to recover damages for the alleged wrongful death of Garry Spence. The writ is denied.

Garry Spence was electrocuted when the crane that he was operating came in contact with a high...

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