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EX PARTE DAN TUCKER AUTO SALES, INC.

1951866.

718 So.2d 33 (1998)

Ex parte DAN TUCKER AUTO SALES, INC. (In re John PHELPS v. DAN TUCKER AUTO SALES, INC., et al.).

Supreme Court of Alabama.

July 2, 1998.

Attorney(s) appearing for the Case

John Martin Galese and Jeffrey L. Ingram of John Martin Galese, P.A., Birmingham, for petitioner.

E. Martin Bloom of Starnes & Atchison, Birmingham, for respondent.

HOOPER, Chief Justice.

Dan Tucker Auto Sales, Inc. ("Tucker"), the defendant in an action pending in the Jefferson Circuit Court, petitions for a writ of mandamus directing the Jefferson Circuit Court 1) to withdraw its order of July 29, 1996, directing Tucker to pay an arbitration filing fee and 2) to require the plaintiff, John Phelps, to pay that filing fee. We grant the petition. We conclude that Phelps, who filed the complaint in the circuit court, is the "claimant...

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