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EX PARTE BENDER SHIPBUILDING & REPAIR CO.

1950912.

681 So.2d 1097 (1996)

Ex parte BENDER SHIPBUILDING & REPAIR COMPANY, INC. (Re Anthony JARRELL v. BENDER SHIPBUILDING & REPAIR COMPANY, INC.).

Supreme Court of Alabama.

September 27, 1996.

Attorney(s) appearing for the Case

Charles J. Potts and Susan G. Smith of Janecky, Newell, Potts, Hare & Wells, P.C., Mobile, for Petitioner.

C. S. Chiepalich and John R. Spencer of C. S. Chiepalich, P.C., Mobile, for Respondent.

Prior report: Ala.Civ.App., 681 So.2d 1092.

INGRAM, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HOOPER, C.J., and ALMON, KENNEDY, and BUTTS, JJ., concur.

MADDOX, SHORES, HOUSTON, and COOK, JJ., dissent.

HOUSTON, Justice (dissenting).

I agree with Judge Thigpen's dissent. Application of the Ruiz v. Shell Oil Co., 413 F.2d 310 (5th Cir.1969), factors...

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