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EX PARTE MASTER BOAT BUILDERS, INC.

1991229 and 1991245.

779 So.2d 192 (2000)

Ex parte MASTER BOAT BUILDERS, INC., and James Michael Rice and Ex parte Elton O. Tanner, Jr. (Re Wayne R. Mitchell v. Master Boat Builders, Inc., et al.)

Supreme Court of Alabama.

September 15, 2000.

Attorney(s) appearing for the Case

J.W. Goodloe, Jr., of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for petitioners Master Boat Builders, Inc., and James Michael Rice.

Robert H. Smith of Galloway, Smith, Wettermark & Everest, Mobile, for petitioner Elton O. Tanner, Jr.

James A. Yance, Gregory B. Breedlove, David G. Wirtes, Jr., and George M. Dent III of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile; and Allen A. Ritchie of Walton, Ritchie & Green, L.L.C., Mobile, for respondent.

MADDOX, Justice.

These petitions for the writ of mandamus arise out of a pending lawsuit between a partner and his copartners; the plaintiff has alleged multiple claims arising out of partnership business. The controlling legal issue presented by these petitions is whether the plaintiff must seek an equitable accounting before proceeding with his action at law for damages. Our answer to this question depends on whether the Alabama Partnership Act ("APA"), in effect...

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