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EX PARTE ANDERSON

1930342.

644 So.2d 961 (1994)

Ex parte Loyd L. ANDERSON. (In re Ex parte Jerry SHOEMAKER).

Supreme Court of Alabama.

Rehearing Denied June 17, 1994.

Attorney(s) appearing for the Case

J. Michael Campbell of McNamee, Snead & Campbell, Birmingham, for petitioner.

Francis H. Hare, Jr. and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n.

James H. Evans, Atty. Gen., Rosa H. Davis and Steve Willoughby, Deputy Attys. Gen., and Patrick Mahaney, Dept. of Public Safety Legal Unit, for respondent.

HOUSTON, Justice.

Is Rule 27, Ala.R.Civ.P., which authorizes preaction discovery under Rule 34, limited in its use to perpetuating evidence? That is the basic question presented in this case.

Rule 27(a) provides, in pertinent part:

"(1) Petition. A person who desires to perpetuate his own testimony or that of another person or to obtain discovery under Rule 34 or 35 regarding any matter that may be cognizable in any court of...

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