EX PARTE LIBERTY NAT. LIFE INS. CO.

1002041.

825 So.2d 758 (2002)

Ex parte LIBERTY NATIONAL LIFE INSURANCE COMPANY. (In re Charles Hudson and Alice Hudson v. Liberty National Life Insurance Company et al.)

Supreme Court of Alabama.

January 18, 2002.


Attorney(s) appearing for the Case

Matthew H. Lembke, Michael R. Pennington, Philip H. Butler, and Scott Burnett Smith of Bradley, Arant, Rose & White, L.L.P., Birmingham; William J. Baxley, William C. Barclift III, and David McKnight of Baxley, Dillard, Dauphin & McKnight, Birmingham; and Floyd D. Gaines of Gunther Gaines, L.L.C., Birmingham, for petitioner.

Jere L. Beasley, W. Daniel Miles III, and J.P. Sawyer of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, for respondents.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Business Council of Alabama, in support of the petition for writ of mandamus.

J. Mason Davis of Sirote & Permutt, P.C., Birmingham; Victoria E. Fimea of American Council of Life Insurers, Washington, D.C.; and Lee E. Baines, Jr., of Maynard, Cooper & Gale, P.C., Birmingham, for amici curiae American Council of Life Insurers and Association of Alabama Life Insurance Companies, in support of the petition for writ of mandamus.

W. Lewis Garrison, Jr., F. Page Gamble, and W.A. Hopton-Jones, Jr., of Garrison, Scott, Gamble & Rosenthal, P.C., Birmingham, for amicus curiae National Association for the Advancement of Colored People, Alabama State Conference of Branches ("NAACP"), in support of the respondents.


PER CURIAM.

Liberty National Life Insurance Company ("Liberty National") petitions this Court for a writ of mandamus directing the trial court to grant Liberty National's motion to dismiss or for a summary judgment, or to certify for interlocutory appeal the trial court's denial of that motion. Liberty National claims that we should issue the writ of mandamus because, it says, the trial court clearly erred in failing to hold that the plaintiffs' claims were barred...

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