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EX PARTE OWENS

87-323.

533 So.2d 617 (1988)

Ex parte Ola Mae OWENS. (Re: Ex parte CSX TRANSPORTATION, INC. (Re: CSX TRANSPORTATION, INC. v. Ola Mae OWENS, in her capacity as the administratrix of the estate of Willie James Crawford.))

Supreme Court of Alabama.

Rehearing Denied September 16, 1988.

Attorney(s) appearing for the Case

Tyrone C. Means of Massey, Means & Thomas, Montgomery and Fred D. Gray of Gray, Langford, Sapp & McGowan, Tuskegee, for petitioner.

Walter R. Byars and William A. Shashy of Steiner, Crum & Baker, Montgomery, for respondent.

JONES, Justice.

We agreed to review the Court of Civil Appeals' grant of a writ of mandamus directing the Montgomery County Circuit Court to exercise jurisdiction over this case, 533 So.2d 613. We disagree with the Court of Civil Appeals' reasons for issuing the writ (i.e., its approval of the petitioner CSX's right to amend its complaint by raising the ad damnum clause from $1,000 to $1,005). Nonetheless, we affirm the grant...

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