EX PARTE FLEXIBLE PRODUCTS CO.

No. 1051137.

961 So.2d 111 (2006)

Ex parte FLEXIBLE PRODUCTS COMPANY et al. (In re Randy Wade Bice et al. v. Micon Products International, Inc., et al.)

Supreme Court of Alabama.

December 22, 2006.


Attorney(s) appearing for the Case

Bernard Taylor and Douglas S. Arnold of Alston & Bird, LLP, Atlanta, Georgia; and Daniel J. Reynolds, Jr., Bessemer, for petitioner, Flexible Products Company.

Wynn M. Shuford and Adam K. Peck of Lightfoot, Franklin & White, LLC, Birmingham, for petitioner, BASF Corporation.

Thomas E. Walker, R. Marcus Givhan, and Mary Brunson Whatley of Johnston Barton Proctor & Powell, LLP, Birmingham; Willis A. Siegfried and Michael R. Borasky of Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, Pennsylvania; and William F. Goodman III of Watkins & Eager, Jackson, Mississippi, for petitioner, Bayer Materialscience, LLC.

Fournier J. Gale, H. Thomas Wells, Jr., John A. Earnhardt, and Kip A. Nesmith of Maynard, Cooper & Gale, P.C., Birmingham, for petitioner, Dow Chemical Company.

John W. Dodson and Jinny M. Ray of Ferguson, Frost & Dodson, L.L.P., Birmingham; and James R. Hankle of Sherrard, German & Kelly, Pittsburgh, Pennsylvania, for petitioners, Earth Support Services d/b/a Micon, Inc., and Micon Products International.

Donald W. Stewart, Anniston, for respondents.

E.L. Brobston and W. Stan Brobston of Brobston & Brobston, Bessemer; Michael Lipscomb, Bessemer; and William A. Short, Jr., Bessemer, for amicus curiae Bessemer, Alabama, Bar Association.


NABERS, Chief Justice.

For the second time, this Court is asked to consider whether Daniel R. Boyd, Debra C. Butler, and Bryan M. Kelley, coal miners who claim they were injured by exposure to a certain chemical while employed as coal miners and whose claims arose in Tuscaloosa County ("the Tuscaloosa plaintiffs"), may pursue their claims against 11 defendants, including Flexible Products Company and Micon Products International, Inc., involved in the manufacture...

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