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EX PARTE DAN RIVER, INC.

1990894.

794 So.2d 386 (2000)

Ex parte DAN RIVER, INC. (In re Dan River, Inc. v. James V. Higgins).

Supreme Court of Alabama.

Opinion Overruling Rehearing November 22, 2000.

Attorney(s) appearing for the Case

John W. Clark, Jr., and Tommy C. Ritter, Jr., of Clark & Scott, P.C., Birmingham, for petitioner.

William P. Boggs and Amy J. Hayes of Boggs & Hayes, Clanton, for respondent.

HOUSTON, Justice.

On April 26, 1995, James Higgins sued for workers' compensation benefits, alleging that he had "become totally disabled as a result of occupational byssinosis, a disease of the lungs, caused by inhalation of minute particles of dust over a period of time and which ... dust is due to causes and conditions arising out of and in the course of plaintiff's employment [with Dan River, Inc., the defendant]." (Plaintiff's complaint, p. 2, R.7.) (Emphasis...

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