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ENVIORON. WASTE CONTROL, INC. v. BROWNING-FERRIS INDUSTRIES, INC.

1950539.

711 So.2d 912 (1997)

ENVIRONMENTAL WASTE CONTROL, INC. v. BROWNING-FERRIS INDUSTRIES, INC., and Browning-Ferris Industries of Alabama, Inc.

Supreme Court of Alabama.

Rehearing Denied March 20, 1998.

Attorney(s) appearing for the Case

Samuel Fisher and Kyle T. Smith of Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, for appellant.

T. Thomas Cottingham III, Robert S.W. Given, and Peter A. Grammas of Burr & Forman, Birmingham, for appellee.

On Application for Rehearing

COOK, Justice.

The opinion of May 16, 1997, is withdrawn and the following opinion is substituted therefor.

This is the second appeal in this case. See Environmental WasteControl, Inc. v. Browning-Ferris Industries, Inc., 657 So.2d 885 (Ala.1995) ("Environmental I").1

In Environmental I, the trial court entered a summary...

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