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EX PARTE AMERICAN RESOURCES INS. CO., INC.

No. 1940283.

663 So.2d 932 (1995)

Ex parte AMERICAN RESOURCES INSURANCE COMPANY, INC. (In re AMERICAN RESOURCES INSURANCE COMPANY, INC. v. BURLESON & MULLINS COAL COMPANY, et al.).

Supreme Court of Alabama.

June 16, 1995.

Attorney(s) appearing for the Case

John M. Bergquist of Parsons, Lee & Juliano, Birmingham, for Burleson & Mullins Coal Co., Inc.

Robert P. Bynon, Jr., Birmingham, for Burleson & Mullins Coal Co.

James C. King of Wilson & King, Jasper, and Charles E. Harrison of Wilson & King, Fayette, for Richard Harbin and Betty Harbin.

SHORES, Justice.

American Resources Insurance Company petitions for a writ of mandamus directing the judge of the Walker Circuit Court to set aside his Rule 60(b), Ala.R.Civ.P., order setting aside American Resources' default judgment in a declaratory action.

In 1990, Richard and Betty Harbin sued Burleson and Mullins Coal Company ("Burleson and Mullins") and Nelson Brothers, Inc., for damages, alleging negligent or wanton conduct in the operation of a strip...

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