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SUSTAINABLE FORESTS, L.L.C. v. ALABAMA POWER COMPANY

1000060.

805 So.2d 681 (2001)

SUSTAINABLE FORESTS, L.L.C. v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

June 1, 2001.

Attorney(s) appearing for the Case

Lee E. Bains, Jr., Jeffrey M. Grantham, Stephen C. Jackson, Alexander J. Marshall III, and David P. Donahue of Maynard, Cooper & Gale, P.C., Birmingham, for plaintiff.

Edward S. Allen of Balch & Bingham, L.L.P., Birmingham; James A. Byram, Jr., of Balch & Bingham, L.L.P., Montgomery; and John N. Leach and Warren C. Herlong, Jr., of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, for defendant.

James H. McLemore and J. Lister Hubbard of Capell & Howard, P.C., Montgomery, for amicus curiae Alabama Forestry Association, in support of the plaintiff.

Thomas J. Saunders, Alabama Industry and Manufacturers Association, Montgomery; and Michael M. Partain, USX Corp., Fairfield, for amici curiae Alabama Industry and Manufacturers Association and USX Corporation.

HARWOOD, Justice.

Judge William M. Acker, Jr., of the United States District Court for the Northern District of Alabama, certified to this Court two questions, pursuant to Rule 18, Ala. R.App. P. Those questions relate to a declaratory-judgment action in the federal court brought by Sustainable Forests, L.L.C. (hereinafter referred to as "Sustainable"). Sustainable filed this action after Alabama Power Company (hereinafter referred to as "APCo") filed condemnation...

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