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EX PARTE GENERAL NUTRITION CORP.

1011760, 1011861, and 1011882.

855 So.2d 475 (2003)

Ex parte GENERAL NUTRITION CORPORATION and Ex parte Phoenix Laboratories, Inc. and Ex parte Cytodyne Technologies, Inc. (In re Richard Gregory, as administrator of the estate of Shannon Gregory, deceased v. Cytodyne Technologies, Inc., et al.)

Supreme Court of Alabama.

February 7, 2003.

Attorney(s) appearing for the Case

H.E. Nix, Jr., and S. Anthony Higgins of Nix, Holtsford, Gilliland, Higgins & Hitson, P.C., Montgomery, for petitioner General Nutrition Corporation.

Beverly P. Baker and James A. Patton, Jr., of Haskell, Slaughter, Young & Rediker, L.L.C., Birmingham; and Stephen R. Stern of Hoffinger, Stern & Ross, L.L.P., New York City, New York, for petitioner Phoenix Laboratories, Inc.

Robert M. Girardeau and J. Allen Sydnor, Jr., of Huie, Fernambucq & Stewart, L.L.P., Birmingham, for petitioner Cytodyne Technologies, Inc.

David F. Miceli, Jere L. Beasley, and Andy D. Birchfield, Jr., of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery; and P. Richard Hartley of Hartley & Hickman, Greenville, for respondent.

HARWOOD, Justice.

The petitioners in this case, General Nutrition Corporation ("GNC"), Phoenix Laboratories, Inc. ("Phoenix"), and Cytodyne Technologies, Inc. ("Cytodyne"), are defendants in a wrongful-death action filed in the Circuit Court of Butler County, Alabama. The action was filed on November 29, 2001, by Richard Gregory, individually and as the administrator of the estate of his deceased wife, Shannon Gregory, pursuant to the wrongful-death statute of the...

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