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GOODYEAR TIRE v. J.M. TULL METALS

1920610.

629 So.2d 633 (1993)

The GOODYEAR TIRE AND RUBBER COMPANY v. J.M. TULL METALS COMPANY.

Supreme Court of Alabama.

Rehearing Denied November 5, 1993.

Attorney(s) appearing for the Case

John D. Watson and Denise A. Dodson of Bradley, Arant, Rose & White, Birmingham, for appellant.

George M. Van Tassel, Jr. and Mac B. Greaves of Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, for appellee.

HORNSBY, Chief Justice.

The Goodyear Tire and Rubber Company ("Goodyear") appeals from a dismissal of an action of indemnity; the trial court held the action was barred by the exclusive remedy provision of the Alabama Workers' Compensation Act, § 25-5-53, Ala.Code 1975, and dismissed it pursuant to Rule 12(b)(6), Ala. R.Civ.P.

In reviewing a Rule 12(b)(6) dismissal, this Court must examine the allegations in the pleadings and construe them so as to resolve...

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