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TRINITY INDUSTRIES, INC. v. CUNNINGHAM

AV93000742.

680 So.2d 253 (1995)

TRINITY INDUSTRIES, INC. v. Vallie CUNNINGHAM.

Court of Civil Appeals of Alabama.

Rehearing Denied October 13, 1995.

Attorney(s) appearing for the Case

Charles F. Carr, Rhonda Pitts Chambers and Donald B. Kirkpatrick II of Rives & Peterson, Birmingham, for Appellant.

Robert W. Lee, Jr. of Lee & Sullivan, P.C., Birmingham, for Appellee.

John J. Coleman III and Suzanne Alldredge of Balch & Bingham, Birmingham, for Amicus Curiae Business Council of Alabama in support of Trinity Industries.

ROBERTSON, Presiding Judge.

Vallie J. Cunningham filed a complaint in the Jefferson County Circuit Court against his employer, Trinity Industries, Inc., seeking workers' compensation benefits. Cunningham alleged that on September 2, 1992, he had suffered a stroke which arose out of and in the course of his employment with Trinity, and that as a result of the stroke he had suffered a permanent partial disability or a permanent total disability.

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