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EX PARTE CHEMICAL WASTE MANAGEMENT, INC.

1041039.

929 So.2d 1007 (2005)

Ex parte CHEMICAL WASTE MANAGEMENT, INC. (In re John Nichols v. Chemical Waste Management, Inc., et al.).

Supreme Court of Alabama.

November 18, 2005.

Attorney(s) appearing for the Case

James L. Priester, Lorrie L. Hargrove, and James L. Mitchell of Maynard, Cooper & Gale P.C., Birmingham, for petitioner.

J. Doyle Fuller and Susan G. Copeland of Law Office of J. Doyle Fuller, P.C., Montgomery; and William J. Baxley and Joel E. Dillard of Baxley, Dillard, Dauphin, McKnight & Barclift, Birmingham, for respondent.

WOODALL, Justice.

Chemical Waste Management, Inc. ("ChemWaste"), petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to dismiss the action filed against it by John Nichols. We deny the petition.

ChemWaste operates a hazardous-waste treatment, storage, and disposal facility located in Emelle, Alabama. Since September 30, 1992, the State of Alabama has "levied fees on waste received for disposal to be paid by the operators of each...

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