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EX PARTE U.S. GYPSUM CO.

87-405.

533 So.2d 557 (1988)

Ex parte UNITED STATES GYPSUM COMPANY. (In re CITY OF ENTERPRISE v. UNITED STATES GYPSUM COMPANY, et al.)

Supreme Court of Alabama.

September 9, 1988.

Attorney(s) appearing for the Case

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, Montgomery, and Richard W. Whittaker of Pittman, Whittaker & Pittman, Enterprise, and James D. Pagliaro, Amelia C. Benton, and Peter J. Lynch of Morgan, Lewis & Bockius, Philadelphia, Pa., for petitioner.

M. Dale Marsh of Cassady, Fuller & Marsh, Enterprise and Daniel A. Speights and William A. Jordan of Speights & Runyan, Hampton, S.C., and Edward J. Westbrook of Motley, Loadholt, Richardson & Poole, Charleston, S.C., for respondent.

HOUSTON, Justice.

This petition for writ of mandamus arises from an alleged error of the trial court in ruling on a pre-trial motion in an asbestos litigation case. We grant the petition.

In 1985, the City of Enterprise sued various named and fictitious defendants who had allegedly participated in the manufacture or sale of asbestos products used in the City's school buildings. In 1987, in an amended complaint, the City substituted the petitioner, the United...

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