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EX PARTE McCLARTY CONST. & EQUIP. CO., INC.

81-1060.

428 So.2d 629 (1983)

Ex parte: McCLARTY CONSTRUCTION AND EQUIPMENT COMPANY, INC. and Hal Cook Enterprises, Inc. (In re: McCLARTY CONSTRUCTION AND EQUIPMENT COMPANY, INC., a corporation, and Hal Cook Enterprises, Inc., a corporation v. MINING, ORE AND EQUIPMENT COMPANY, INC., a corporation).

Supreme Court of Alabama.

March 4, 1983.

Attorney(s) appearing for the Case

James L. Shores, Jr. of Shores & Booker, Birmingham, for petitioners.

N. Lee Cooper and James L. Goyer, III of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for respondent.

ALMON, Justice.

This is a mandamus proceeding to compel discovery. For a complete understanding of the issues it will be necessary to set out the somewhat lengthy complaint:

"1. The plaintiffs are two Alabama corporations, McClarty Construction and Equipment Company, Inc. (herein `McClarty'), and Hal Cook Enterprises, Inc., (herein `Enterprises'). John Jenkins is a principal of McClarty and Hal Cook is a principal of Enterprises.

"2. The defendant...

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