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JONES v. NORFOLK SOUTHERN RY. CO., INC.

1981821 and 1982008.

787 So.2d 699 (2000)

Willa D. JONES et al. v. NORFOLK SOUTHERN RAILWAY COMPANY, INC., et al.

Supreme Court of Alabama.

Rehearing Denied December 29, 2000.

Attorney(s) appearing for the Case

Dennis Pantazis, Jon C. Goldfarb, and Brian Clark of Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, for appellant Willa D. Jones.

David K. Howard and Ryan G. Brake of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Florence, for appellees Norfolk Southern Railway Company and E.E. Haynes.

Craig S. Dillard of Webb & Eley, P.C., Montgomery; and James A. Patton of Patton & Kennemer, Tuscumbia, for appellees Colbert County; Colbert County Commission; and Charles Beard, James Bingham, Charles Douthit, James Harrell, Emmitt E. Jimmar, and Tom Pennington, in their official capacities as Colbert County Commissioners.

SEE, Justice.

AFFIRMED. NO OPINION.

Rule 53(a)(1) and (a)(2)(E), Ala. R.App. P.

HOOPER, C.J., and MADDOX, HOUSTON, LYONS, and BROWN, JJ., concur.

COOK and ENGLAND, JJ., concur in part and dissent in part.

COOK, Justice (concurring in part and dissenting in part).

I concur in the judgment insofar as it relates to Colbert County. Insofar as it relates to Norfolk Southern Railway Company, however, I respectfully dissent. As to...

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