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EX PARTE UNIV. OF SOUTH ALA. FOUNDATION

1992108.

788 So.2d 161 (2000)

Ex parte The UNIVERSITY OF SOUTH ALABAMA FOUNDATION et al. (Re Franklin Primary Health Center, Inc. v. PrimeHealth, Inc., et al.)

Supreme Court of Alabama.

December 15, 2000.

Attorney(s) appearing for the Case

David A. McDonald, Mobile; and Vincent F. Kilborn III of Kilborn & Roebuck, Mobile, for petitioners.

Sidney W. Jackson III and Stephen L. Klimjack of Jackson, Taylor, Martino & Hedge, P.C., Mobile, for respondent.

MADDOX, Justice.

This petition for the writ of mandamus presents a single question: Did the trial court err in failing to dismiss, or to stay proceedings on, a claim, based on the ground that a case pending in a federal district court presented the same cause of action against the same party? Section 6-5-440, Ala.Code 1975, provides, in part, that "[n]o plaintiff is entitled to prosecute two actions in the courts of this...

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