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EX PARTE CHEMICAL LIME OF ALABAMA, INC.

1040428.

916 So.2d 594 (2005)

Ex parte CHEMICAL LIME OF ALABAMA, INC. (In re Freda Sorah, etc. v. Jim Walter Resources, Inc., et al.)

Supreme Court of Alabama.

Rehearing Denied June 17, 2005.

Attorney(s) appearing for the Case

Frank L. Parker, Jr., Christina M. Adcock, and Robert B. McGinley, Jr., of Alford, Clausen & McDonald, LLC, Mobile, for petitioner.

C. Whit Drake of Drake & Shaw, Birmingham, for respondents.

STUART, Justice.

Chemical Lime of Alabama, Inc., a defendant in 18 consolidated actions pending in the Tuscaloosa Circuit Court, petitions this Court for a writ of mandamus directing the judge of the Tuscaloosa Circuit Court to grant its motions for a summary judgment.2 Chemical Lime argues that the plaintiffs failed to exercise due diligence in not substituting Chemical Lime for a fictitiously named defendant in these cases until after...

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