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BYNUM AND LIVESTOCK COM'N CO. v. WHISENANT

2010612.

880 So.2d 453 (2003)

BYNUM AND LIVESTOCK COMMISSION COMPANY, INC. v. Henry WHISENANT, Sr.

Court of Civil Appeals of Alabama.

Rehearing Denied November 26, 2003.

Attorney(s) appearing for the Case

Bennett L. Pugh, Joseph H. Driver, and Holly H. Bazemore of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, for appellant.

Daniel B. King of King & King Attorneys, P.C., Gadsden, for appellee.

MURDOCK, Judge.

Henry Whisenant, Sr., filed a complaint in the Etowah Circuit Court against Bynum Stockyard and other fictitiously named defendants, seeking workers' compensation benefits for an injury he allegedly suffered to his right shoulder on April 24, 1999. Bynum Stockyard answered the complaint, denying the allegations and asserting affirmative defenses. Whisenant amended his complaint on January 3, 2001, substituting the correct legal name of the defendant...

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