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EX PARTE ILLINOIS CENT. GULF R. CO.

86-204, 86-205.

514 So.2d 1283 (1987)

Ex parte ILLINOIS CENTRAL GULF RAILROAD COMPANY. (In re Faye HORTON, as Mother and Next Friend of Jeffrey Allan Wiginton v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, et al.) ILLINOIS CENTRAL GULF RAILROAD COMPANY v. Faye HORTON, as Mother and Next Friend of Jeffrey Allan Wiginton.

Supreme Court of Alabama.

September 21, 1987.

Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., and Joseph B. Mays, Jr., of Bradley, Arant, Rose & White, Birmingham, for Illinois Cent. Gulf R.R.

Roger H. Bedford, Sr., and Robert I. Rogers, Jr., of Bedford, Bedford & Rogers, Russellville, for Horton.

JONES, Justice.

This is an appeal from a default judgment entered against Illinois Central Gulf Railroad Company ("ICG") in the amount of $500,000. The Circuit Court of Franklin County refused to vacate the default judgment, and entered an order pursuant to the provisions of Rule 54(b), A.R.Civ.P., making the judgment final as to ICG. We reverse and remand.

On the night of March 6, 1986, Guy Wayne Jenkins lost control...

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