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EX PARTE DUNCAN CONST. CO., INC.

83-1231.

460 So.2d 852 (1984)

Ex parte DUNCAN CONSTRUCTION CO., INC. (In re DUNCAN CONSTRUCTION CO., INC. v. R & P PROPERTIES, et al. R & P PROPERTIES v. AMERICAN STATES INS. CO. and R & P PROPERTIES v. BILECO, INC., et al.)

Supreme Court of Alabama.

November 9, 1984.

Attorney(s) appearing for the Case

Willis C. Darby, Jr. of Darby & Myrick, Mobile, for petitioner.

J. Don Foster of Foster, Brackin & Bolton, Foley, for R & P Properties.

Robert H. Smith of Collins, Galloway & Smith, Mobile, for Bileco, Inc.

Philip H. Partridge and Vincent A. Noletto, Jr., of Brown, Hudgens, Richardson, Mobile, for Perry A. Hand Engineering & Surveying, Inc.

PER CURIAM.

Duncan Construction Co., Inc., petitions for a writ of mandamus directing the Circuit Court of Baldwin County to set aside its order of June 19, 1984, wherein the court severed all third-party claims from the consolidated action pending before it.

THE FACTS

On June 8, 1981, Bileco, Inc., made an offer to R & P Properties for the construction of the Executive House Condominium at Gulf Shores, Alabama, the construction work to be performed...

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