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EX PARTE NORFOLK SOUTHERN RY. CO.

1030476.

897 So.2d 290 (2004)

Ex parte NORFOLK SOUTHERN RAILWAY COMPANY and Central of Georgia Railroad Company. (In re Regina Green, as executor of the estate of Joseph E. Green, deceased v. Norfolk Southern Railway Company and Central of Georgia Railroad Company).

Supreme Court of Alabama.

September 3, 2004.

Attorney(s) appearing for the Case

Crawford S. McGivaren, Jr., Steve A. Tucker, and John M. Graham of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham; and Sydney S. Smith of Smith & Smith, Phenix City, for petitioners.

Sam E. Loftin of Loftin, Loftin & Hall, Phenix City, for respondent.

LYONS, Justice.

Norfolk Southern Railway Company and Central of Georgia Railroad Company ("the railroads") petition for a writ of mandamus to review the trial court's order refusing to uphold their assertion of the work-product privilege in a wrongful-death action. We grant the petition and issue the writ.

I. Factual Background and Procedural History

Joseph E. Green died as a result of a grade-crossing collision between the dump truck he was...

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