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CINCINNATI INS. CO. v. SYNERGY GAS, INC.

1900443.

585 So.2d 822 (1991)

CINCINNATI INSURANCE COMPANY, Tolbert Shelby, and Mildred Shelby v. SYNERGY GAS, INC.

Supreme Court of Alabama.

July 26, 1991.

Attorney(s) appearing for the Case

William A. Mudd and Edward E. Angwin of McDaniel, Hall, Conerly & Lusk, Birmingham, for appellants.

Richard L. Wyatt of Wallace, Wyatt & Davenport, Birmingham, for appellee.

HOUSTON, Justice.

The plaintiffs, Cincinnati Insurance Company ("Cincinnati") and Tolbert and Mildred Shelby appeal from the dismissal of their complaint against defendant, Synergy Gas, Inc. ("Synergy"), for their failure to comply with a request for production. We affirm in part, reverse in part, and remand.

The trial court entered the following order:

"This cause is before this Court on a motion to dismiss filed by the defendant, Synergy Gas Corporation...

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