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EX PARTE P&H CONST. CO., INC.

1971319

723 So.2d 45 (1998)

Ex parte P&H CONSTRUCTION COMPANY, INC. (In re Norman Barber et al. v. State of Alabama et al.; and Ben Jernigan v. State of Alabama et al.).

Supreme Court of Alabama.

November 6, 1998.

Attorney(s) appearing for the Case

Jannea S. Rogers and Carroll H. Sullivan of Clark, Scott & Sullivan, P.C., Mobile, for petitioner P&H Construction Company, Inc.

Jerry L. Wiedler, Montgomery; Jim R. Ippolito, Jr., chief counsel, Alabama Department of Transportation; and R. Mitchell Alton III and Stacy S. Houston, counsel, Alabama Department of Transportation, for the State of Alabama.

Herndon Inge III and John W. Parker, Mobile, for respondents Wharfhouse Restaurant and Oyster Bar, Inc., and Ben Jernigan.

Tabor R. Novak, Jr., and E. Hamilton Wilson, Jr., of Ball, Ball, Matthews & Novak, P.A., Montgomery, for respondent McInnis Corporation.

LYONS, Justice.

P&H Construction Company, Inc. ("P&H"), petitions for a writ of mandamus directing Judge William Gordon of the Montgomery Circuit Court to enter an order dismissing P&H as a third-party defendant from two cases pending in the circuit court. For the reasons discussed below, we grant the petition.

The underlying litigation arose when Norman Barber and Brenda Barber, in one action, and Ben Jernigan, in another action, sued the State...

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