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EX PARTE COLONIAL PIPELINE CO.

83-564.

471 So.2d 413 (1985)

Ex parte COLONIAL PIPELINE COMPANY. (Re STATE of Alabama v. COLONIAL PIPELINE COMPANY).

Supreme Court of Alabama.

May 10, 1985.

Attorney(s) appearing for the Case

N. Lee Cooper and Arthur J. Sharbel for Maynard, Cooper, Frierson & Gale, Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen., and B. Frank Loeb, Chief Counsel, and Ron Bowden, Asst. Counsel, Dept. of Revenue, and Asst. Attys. Gen., for respondent.

BEATTY, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

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

FAULKNER, EMBRY and ADAMS, JJ., dissent.

EMBRY, Justice (dissenting).

I respectfully dissent. In my view, the Court of Civil Appeals, 471 So.2d 408, clearly made new findings of fact in the opinion below and thereby overturned the nonjury findings of the trial court without justification...

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