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APEX COAL CORP. v. ALA. SURFACE MIN. COM'N

2991244 and 2991245.

843 So.2d 170 (2001)

APEX COAL CORPORATION, Van American Insurance Company, and Clarendon National Insurance Company v. ALABAMA SURFACE MINING COMMISSION and Gulf States Paper Corporation.

Court of Civil Appeals of Alabama.

Dissenting Opinion on Overruling of Rehearing July 13, 2001.

Attorney(s) appearing for the Case

Alton B. Parker, Jr., and Peter M. Wright of Spain & Gillon, L.L.C., Birmingham, for appellants.

G. Milton McCarthy, asst. atty. gen., Jasper, for appellee Alabama Surface Mining Commission.

H. Thomas Wells, Jr., Jeffrey A. Lee, and Stuart D. Roberts of Maynard, Cooper & Gale, P.C., Birmingham, for appellee Gulf States Paper Corporation.

CRAWLEY, Judge.

Apex Coal Corporation and Warco, Inc., entered into a mining-services contract in September 1985. The agreement provided that Apex would extract coal on land owned by Warco. Warco was the predecessor corporation of Gulf States Paper Corporation, which in October 1985 assumed Warco's rights and liabilities created by the contract. From April 1992 to December 1992, Van American Insurance Company and Clarendon National Insurance Company (the "sureties...

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