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EX PARTE SMITH

1951611, 1951644 and 1951779.

686 So.2d 245 (1996)

Ex parte Ken SMITH and Steve Whitson. Re GREENSBORO TRACTOR, INC., et al. v. PONY EXPRESS, INC., et al. Ex parte GREENSBORO TRACTOR, INC., and John Deere Insurance Company. Re PONY EXPRESS, INC., et al. v. GREENSBORO TRACTOR, INC., et al. Ex parte PONY EXPRESS COURIER CORPORATION. Re GREENSBORO TRACTOR, INC., et al. v. PONY EXPRESS, INC., et al.

Supreme Court of Alabama.

December 13, 1996.

Attorney(s) appearing for the Case

John Martin Galese and Jeffrey L. Ingram of John Martin Galese, P.A., Birmingham, for Ken Smith and Steve Whitson.

John D. Richardson and G. Randall Spear of Richardson, Daniell, Spear & Upton, P.C., Mobile, for Greensboro Tractor, Inc., and John Deere Insurance Company.

LaBella S. Alvis, Deborah Alley Smith, and James R. Bussian of Rives & Peterson, Birmingham, for Pony Express Courier Corporation.

SHORES, Justice.

These three petitions for the writ of mandamus relate to 1) a declaratory judgment action filed in Jefferson County by Pony Express, and 2) a negligence action for damages filed in Hale County by Greensboro Tractor, Inc., and John Deere Insurance Company. On January 20, 1995, a fire occurred at the business location of Greensboro Tractor, in Hale County. As a result of the fire, John Deere Insurance Company paid $920,000 to Greensboro Tractor under...

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