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EX PARTE ORKIN EXTERMINATING CO., INC.

1991597.

792 So.2d 349 (2000)

Ex parte ORKIN EXTERMINATING COMPANY, INC., and Rollins, Inc. (In re Helon Cutler and Mary Lewin v. Orkin Exterminating Company, Inc., et al.)

Supreme Court of Alabama.

Rehearing Denied February 23, 2001.

Attorney(s) appearing for the Case

John M. Johnson of Lightfoot Franklin & White, L.L.C., Birmingham; D. Taylor Flowers of Lewis, Brackin, Flowers & Hall, Dothan; and Michael W. Davis and Stephan V. Beyer of Sidley & Austin, Chicago, IL, for petitioners.

J. Michael Rediker, Patricia Diak, and Michael C. Skotnicki of Ritchie & Rediker, L.L.C., Birmingham; Stephen T. Etheredge and Lexa E. Dowling, Dothan; Rufus R. Smith, Jr., Dothan; and L. Andrew Hollis of Pittman, Hooks, Dutton & Hollis, Birmingham, for respondents Helon Cutler and Mary Lewin.

David K. Hogg, Dothan, for respondent Judge Denny L. Holloway.

LYONS, Justice.

WRIT DENIED.

HOUSTON, SEE, BROWN, JOHNSTONE, and ENGLAND, JJ., concur.

HOOPER, C.J., dissents.

HOOPER, Chief Justice (dissenting).

Orkin Exterminating Company, the defendant in an action pending in the Houston Circuit Court, has petitioned for a writ of mandamus ordering the trial judge to grant its motion for discovery regarding the plaintiffs' damages; to reinstate a summary judgment against Helon Cutler and Mary Lewin...

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