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DRUMMOND CO., INC. v. HARRIS

2000671.

824 So.2d 775 (2001)

DRUMMOND COMPANY, INC. v. Lowell HARRIS.

Court of Civil Appeals of Alabama.

Rehearing Denied December 28, 2001.

Attorney(s) appearing for the Case

William Anthony Davis III and Jeannie Bugg Walston of Starnes & Atchison, L.L.P., Birmingham, for appellant.

James C. King, Robert O. Bryan, and Franklin G. Williams of King, Harrison & Bryan, Jasper, for appellee.

Charles Carr, executive director, Alabama Self-Insurers Association, Montgomery; T.W. Pugh, fund administrator, Associated General Contractors of America, Inc., Alabama Branch, Birmingham; and Harold Rice, corporate counsel, Jim Walter Resources, Brookwood, for amici curiae Alabama Self-Insurer's Association; Alabama Branch of Associated General Contractors of America, Inc., and Jim Walter Resources.

THOMPSON, Judge.

Lowell Harris sued his employer, Drummond Company, Inc. ("Drummond"), on July 16, 1997, seeking to recover workers' compensation benefits for an alleged occupational disease, namely pneumoconiosis. On July 28, 1997, Drummond answered Harris's complaint and denied liability. Following an ore tenus proceeding, the trial court entered an order on November 1, 2000, finding, among other things, that Harris suffered from pneumoconiosis that arose out of...

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