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EX PARTE STATE DEPT. OF INDUS. RELATIONS

1000260.

848 So.2d 251 (2002)

Ex parte STATE of Alabama DEPARTMENT OF INDUSTRIAL RELATIONS, SECOND INJURY TRUST FUND. (In re Roy A. Gibbs, Jr., et al. v. State of Alabama Department of Industrial Relations, Second Injury Trust Fund.)

Supreme Court of Alabama.

Rehearing Denied August 23, 2002.

Attorney(s) appearing for the Case

Frank D. Marsh, general counsel, and Craig A. Donley, asst. general counsel, Department of Industrial Relations, for petitioner.

Ralph E. Coleman of Coleman & Friday, L.L.C., Birmingham, for respondent Roy Gibbs, Jr.

David G. Wirtes, Jr., of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile; and Jay A. York and J. Stephen Legg of York & Legg, Mobile, for amicus curiae Alabama Trial Lawyers Association, in support of the respondent's second application for rehearing.

On Application For Rehearing

STUART, Justice.

The opinion of September 14, 2001, is withdrawn and the following is substituted therefor.

The issue presented by the parties is whether the dependents of a recipient of benefits from the Second Injury Trust Fund (hereinafter "SITF") are entitled to continue to receive SITF benefits after the death of the recipient. We decide this case on another basis; therefore, we do not reach this issue.

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