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EX PARTE BOC GROUP, INC.

1001542.

823 So.2d 1270 (2001)

Ex parte The BOC GROUP, INC. (In re National Metals, Inc. v. The BOC Group, Inc., et al.)

Supreme Court of Alabama.

November 2, 2001.

Attorney(s) appearing for the Case

George G. Lynn, Thomas W. Thagard III, and Alexander J. Marshall of Maynard, Cooper & Gale, P.C., Birmingham, for petitioner.

S.C. Middlebrooks and Samuel M. Hill of Gardner, Middlebrooks, Gibbons & Kittrell, P.C., Birmingham; and James H. McFerrin of Southeastern Legal Group, L.L.C., Birmingham, for respondent.

HOUSTON, Justice.

The BOC Group, Inc. ("BOC"), a defendant in an action pending in the Jefferson Circuit Court, moved the circuit court to dismiss or to stay that action, styled National Metals, Inc., v. BOC, Inc.; The BOC Group, Inc.; BOC Gases ("the National Metals action"), asserting that another case in the Jefferson Circuit Court, styled MKS Holdings, Inc., d/b/a M. Kimerling & Sons v. BOC...

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