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EX PARTE WIGINTON

1971622.

743 So.2d 1071 (1999)

Ex parte Danny WIGINTON et al. (Re Danny Wiginton et al. v. Belmont Homes et al.).

Supreme Court of Alabama.

September 17, 1999.

Attorney(s) appearing for the Case

G. Rick Hall and James Tassin of Almon, McAlister, Baccus & Hall, L.L.C., Tuscumbia, for petitioners.

Samuel H. Franklin, Sara Anne Ford, and Ivan B. Cooper of Lightfoot, Franklin & White, L.L.C., Birmingham, for respondents Belmont Homes, Inc. (Ala.); BHI, Inc., and Belmont Homes, Inc. (Miss.).

L. Tennent Lee III and Walter A. Dodgen of Burr & Forman, L.L.P., Huntsville; and Daniel B. Banks, Jr., of Morris, Cloud & Conchin, P.C., Huntsville, for respondents Mildred E. Kennedy, as executrix of the estate of Jerold Kennedy, deceased; and J.M. Page.

On Application for Rehearing

JOHNSTONE, Justice.

The opinion of May 7, 1999, is withdrawn and the following is substituted therefor.

The plaintiffs, Danny Wiginton, Ed Stevenson, and Gary Joyce, petition for a writ of mandamus directing the Honorable E. Dwight Fay, Jr., Judge of the Madison County Circuit Court, to vacate his order transferring their action from Madison County to Franklin County. We deny the petition.

In 1987, Wiginton...

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