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EX PARTE WALTER INDUSTRIES, INC.

1011467, 1020254, and 1020309.

879 So.2d 547 (2003)

Ex parte WALTER INDUSTRIES, INC., and Black Warrior Methane Corporation. (In re: Sarah June Adams, as dependent widow of Gaston Earl Adams, Jr., deceased, and as personal representative of the estate of Gaston Earl Adams, Jr., deceased v. Walter Industries, Inc., and Black Warrior Methane Corporation) Ex parte Walter Industries, Inc., et al. and Ex parte George R. Richmond et al. (In re: Jacqueline Knox, in her individual capacity, and as dependent widow of John W. Knox, deceased v. Jim Walter Resources, Inc., et al.)

Supreme Court of Alabama.

Rehearing Applications Denied October 10, 2003.

Attorney(s) appearing for the Case

John H. Morrow, Philip J. Carroll III, and William Harold Albritton IV of Bradley Arant Rose & White, LLP, Birmingham, for petitioners Walter Industries, Inc., and Black Warrior Methane Corporation.

Fournier J. Gale III, David M. Smith, Kevin W. Patton, and William L. Campbell, Jr., of Maynard, Cooper & Gale, P.C., Birmingham, for petitioners George R. Richmond, Jesse Cooley, Trent Thrasher, Mark Piper, and Tommy Spencer.

G. Whit Drake and Sean C. Pierce of Drake & Shaw, Birmingham, for respondent Sarah June Adams.

Tyrone C. Means, H. Lewis Gillis, and Edward E. Angwin of Thomas, Means, Gillis & Seay, P.C., Montgomery, for respondent Jacqueline Knox.

BROWN, Justice.

These three mandamus petitions have been consolidated for purposes of writing one opinion. We grant the petitions and issue the writs.

Facts and Procedural History

On September 23, 2001, 13 people died as a result of a mining accident in a mine owned and operated by Jim Walter Resources, Inc. ("JWR"), in Tuscaloosa County. Among those killed were John W. Knox and Gaston Earl Adams, Jr., employees of JWR.

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