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DYNEGY, INC. v. CHEROKEE NITROGEN CO.

1030557.

902 So.2d 13 (2004)

DYNEGY, INC., and Dynegy Marketing & Trade v. CHEROKEE NITROGEN COMPANY.

Supreme Court of Alabama.

Rehearing Denied December 10, 2004.

Attorney(s) appearing for the Case

H. Lamar Mixson and Joshua F. Thorpe of Bondurant, Mixson & Elmore, L.L.P., Atlanta, Georgia; and Braxton W. Ashe and Nickolas J. Steles of Ashe, Tanner & Wright, P.C., Tuscumbia, for appellants.

Harvey Jackson and Edward R. Jackson of Tweedy, Jackson, Beech & Fikes, Jasper; and Steve Baccus of Almon, McAlister, Baccus & Hall, Tuscumbia, for appellee.

STUART, Justice.

Dynegy, Inc., and Dynegy Marketing & Trade ("DMT")1 appeal from the denial of their motion to dismiss Cherokee Nitrogen Company's third-party complaint. The trial court certified the order denying the motion for an interlocutory appeal, pursuant to Rule 5, Ala. R.App. P., and this Court granted permission to appeal. We affirm.

Background

Nelson Brothers, L.L.C., has a manufacturing facility...

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