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EX PARTE POPE

1951366.

706 So.2d 1156 (1997)

Ex parte Max C. POPE, Sr., as trustee of the bankruptcy estate of Apex Coal Corporation. (Re Max C. POPE, Sr., as trustee of the bankruptcy estate of Apex Coal Corporation v. WARCO, INC., et al.).

Supreme Court of Alabama.

November 14, 1997.

Attorney(s) appearing for the Case

J. Gusty Yearout and C. Jeffery Ash of Yearout, Myers & Traylor, P.C., Birmingham, for petitioner.

H. Thomas Wells, Jr., Jayna Partain Lamar, and J. Alan Truitt of Maynard, Cooper & Gale, P.C., Birmingham, for respondents Gulf States Paper Co., Warco, Inc., and William A. Walker.

ALMON, Justice.

Max C. Pope, Sr., as trustee of the bankruptcy estate of Apex Coal Corporation ("Apex"), is the plaintiff in an action pending in the Jefferson Circuit Court. He petitions for a writ of mandamus directing that court to set aside its order granting the defendants' motion to compel arbitration of Apex's claims.

Apex entered into a contract with Warco, Inc., the predecessor of Gulf States Paper Corporation, by which Apex was to extract coal from...

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