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EX PARTE SUMTER COUNTY

1041927.

953 So.2d 1235 (2006)

Ex parte SUMTER COUNTY et al. (In re Robert M. Seale, administrator ad litem for the estate of Jeffrey D. Fenner, deceased v. Johnny Hatter et al.).

Supreme Court of Alabama.

September 29, 2006.

Attorney(s) appearing for the Case

Frank E. Bankston, Jr., of Webb & Eley, P.C., Montgomery, for petitioners.

M. Bradley Almond of Almond & Cheshire, LLC, Tuscaloosa, for respondent.

PARKER, Justice.

Sumter County; Johnny Hatter, the sheriff of Sumter County; and Deputy Sheriffs Terry Williams, David Rowry, and Robert Cottrell, defendants in an action pending in the Sumter Circuit Court, petition this Court for a writ of mandamus directing the Sumter Circuit Court to vacate its order issued on August 11, 2005, denying these defendants' motion to dismiss. We grant the petition.

I. Background

On September 3, 2004, Robert...

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