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EX PARTE OLD REPUBLIC SURETY COMPANY

1001550.

816 So.2d 1066 (2001)

Ex parte OLD REPUBLIC SURETY COMPANY. (In re Old Republic Surety Company v. Auto Auction Of Montgomery, Inc.)

Supreme Court of Alabama.

October 19, 2001.

Attorney(s) appearing for the Case

Kay L. Cason and Donna Eich Brooks of Gorham & Waldrep, P.C., Birmingham, for petitioner.

Kile T. Turner of Norman, Wood, Kendrick & Turner, Birmingham, for respondent.

HOUSTON, Justice.

We issued the writ of certiorari on August 21, 2001, to review the decision of the Court of Civil Appeals in Old Republic Surety Co. v. Auto Auction of Montgomery, Inc., 816 So.2d 1059 (Ala.Civ.App. 2001). We now quash the writ as having been improvidently granted. We note that the broad language of Ala.Code 1975, § 40-12-398, allows "any person"—including a wholesaler—to make a claim...

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