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EX PARTE DAVIS

79-211.

386 So.2d 1144 (1980)

Ex parte Samuel DAVIS, III and Kenneth DeWayne Davis. (Re Kenneth Leonard FOY, a minor, et al. v. James David VANN, Sr., d/b/a Vann Contracting Company).

Supreme Court of Alabama.

June 13, 1980.

Attorney(s) appearing for the Case

Robert S. Hill, III of Hill & Hill, Montgomery, for petitioners.

N. T. Braswell, III of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for respondent.

PER CURIAM.

The writ of certiorari to the Court of Civil Appeals, 386 So.2d 1141 is quashed as improvidently granted.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C. J., and MADDOX, JONES, ALMON and SHORES, JJ., concur.

FAULKNER, EMBRY and BEATTY, JJ., dissent.

BLOODWORTH, J., not sitting.

BEATTY, Justice (dissenting):

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