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PATE v. SUNSET FUNERAL HOME

83-557.

465 So.2d 347 (1984)

J.C. PATE, et al. v. SUNSET FUNERAL HOME, et al.

Supreme Court of Alabama.

Rehearing Denied February 1, 1985.

Attorney(s) appearing for the Case

Charles R. Malone of Wooldridge, Wooldridge & Malone, Tuscaloosa, for appellants.

John A. Owens and Alyce Manley Spruell of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellees Earl Mitchell and Sunset Funeral Home.

Charles H. Clark, Jr., of Huie, Fernambucq & Stewart, Birmingham, for appellees J.B. Cunningham and Tuscaloosa County.

TORBERT, Chief Justice.

Patrick Mihelic and James Clyde Pate were killed and their bodies burned beyond recognition in a one-car accident in Northport, Alabama. The bodies were misidentified at some stage of the ensuing investigation, either by the Alabama State Troopers, the coroner, or a driver from the State Department of Forensic Sciences. The bodies were taken to Sunset Funeral Home, Inc. for preparation for burial. Subsequently, Mihelic was entombed in Pate...

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