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EX PARTE ALABAMA GREAT SOUTHERN R. R.

80-183.

399 So.2d 838 (1981)

Ex parte The ALABAMA GREAT SOUTHERN RAILROAD. In re ALABAMA POWER COMPANY v. Mose SWAIM, et al.

Supreme Court of Alabama.

May 29, 1981.

Attorney(s) appearing for the Case

James J. Jenkins of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, Cathy S. Wright of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for petitioner.

James H. Miller, III of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, and Olin W. Zeanah of Zeanah, Donald & Hust, Tuscaloosa, for respondents.

ALMON, Justice.

Petition for writ of mandamus to the Honorable Fred W. Nicol, Judge of the Circuit Court of Tuscaloosa County, Alabama.

Alabama Power Company filed an application for an order of condemnation in the probate court of Tuscaloosa County, Alabama seeking to condemn a right-of-way over an existing right-of-way owned by the petitioner, Alabama Great Southern Railroad Company. Specifically, Alabama Power sought a right-of-way over AGS's railroad tracks...

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