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ELLIS v. BLACK DIAMOND COAL MINING COMPANY

6 Div. 244.

109 So.2d 699 (1959)

Nellie ELLIS, as Administratrix, v. BLACK DIAMOND COAL MINING COMPANY.

Supreme Court of Alabama.

February 19, 1959.

Attorney(s) appearing for the Case

Lipscomb & Brobston, Bessemer, Wm. Mitch and D. G. Ewing, Birmingham, for appellant.

Lange, Simpson, Robinson & Somerville, Birmingham, Huey, Stone & Patton, Bessemer, for appellee.

MERRILL, Justice.

This is an appeal by appellant, plaintiff below, from a judgment of voluntary nonsuit taken because the court overruled plaintiff's demurrer to defendant's plea seven, and is the third appeal in this case.

On the first appeal, Black Diamond Coal Mining Co. v. Ellis, 256 Ala. 72, 53 So.2d 593, the cause was reversed and remanded on the authority of Woodward Iron Co. v. Craig, 256 Ala. 37,

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