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STAR ELEC. CONTRACTORS v. STONE BLDG. CO.

1012101 and 1012190.

863 So.2d 1071 (2003)

STAR ELECTRICAL CONTRACTORS, INC. v. STONE BUILDING COMPANY, INC. Stone Building Company, Inc. v. Pennsylvania National Insurance Company.

Supreme Court of Alabama.

May 2, 2003.

Attorney(s) appearing for the Case

Carol Ann Smith, Joel S. Isenberg, and Candace L. Hudson of Smith & Ely, LLP, Birmingham, for appellant Star Electrical Contractors.

Stephen D. Heninger and R. Edwin Lamberth of Heninger, Burge, Vargo & Davis, LLP, Birmingham; and K. Donald Simms of Austill, Lewis & Simms, P.C., Birmingham, for appellee/cross-appellant Stone Building Company, Inc.

Charles D. Stewart and Steve R. Burford of Spain & Gillon, L.L.C., Birmingham, for appellee Pennsylvania National Insurance Company.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery; and Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association.

William J. Baxley and Joel E. Dillard of Baxley, Dillard, Dauphin & McKnight, Birmingham, for amicus curiae American Insurance Association.

Jeffrey G. Tickal, Opelika, for amici curiae American Subcontractors Association, Inc., of America and Central Alabama Chapter of the American Subcontractors Association, Inc., t/a ASA of Alabama.

STUART, Justice.

In case no. 1012101, Star Electrical Contractors, Inc., appeals from the trial court's summary judgment in favor of Stone Building Company, Inc. We reverse and remand. In the cross-appeal, case no. 1012190, Stone Building Company, Inc., appeals from that portion of the trial court's order dismissing this cause as to Pennsylvania National Insurance Company. We reverse and remand.

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