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EX PARTE DOLGEN CORP.

1961884.

706 So.2d 1243 (1997)

Ex parte DOLGEN CORPORATION and Gary Richardson. (Re DOLGEN CORPORATION and Gary Richardson v. Grace HANKS and Merrill Hanks).

Supreme Court of Alabama.

November 26, 1997.

Attorney(s) appearing for the Case

Michael C. Niemeyer of Lyons, Pipes & Cook, P.C., Mobile, for petitioners.

No brief filed for respondents.

Prior report: Ala.Civ.App., 706 So.2d 1240.

KENNEDY, Justice.

WRIT DENIED. NO OPINION.

ALMON, SHORES, COOK, and BUTTS, JJ., concur.

HOOPER, C.J., and MADDOX, HOUSTON, and SEE, JJ., dissent.

HOOPER, Chief Justice (dissenting).

I dissent from the denial of this petition for the writ of certiorari. The Court of Civil Appeals has not only improperly allowed the trial court to substitute its judgment...

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