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EX PARTE BUTTS

1981166.

775 So.2d 173 (2000)

Ex parte Jimmy BUTTS et al. (In re Dalton Phillips et al. v. Alabama Department of Conservation and Natural Resources et al.)

Supreme Court of Alabama.

July 21, 2000.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and Raymond L. Jackson and Alice Ann Byrne, asst. attys. gen., for petitioners Department of Transportation, Jimmy Butts, Ray Bass, Douglas Kilpatrick, Terry McDuffie, Bob Campbell, and John A. Hayles.

William A. Gunter, asst. atty. gen., for petitioners Department of Conservation and Natural Resources and James Martin.

Michael J. Crow and Dana G. Taunton of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery; and James E. Williams of Melton, Espy, Williams & Hayes, P.C., Montgomery, for respondents.

On Rehearing Ex Mero Motu

LYONS, Justice.

The opinion of March 24, 2000, is withdrawn, and the following is substituted therefor.

Jimmy Butts, James D. Martin, Ray Bass, Douglas "Mitch" Kilpatrick, Terry McDuffie, Bob Campbell, and John A. Hayles are defendants in a wrongful-death action pending in the Montgomery Circuit Court. The plaintiffs in that action are Wendy Phillips, as the administratrix...

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