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EX PARTE LIGHTWAVE TECHNOLOGIES, L.L.C.

1050996.

971 So.2d 712 (2007)

Ex parte LIGHTWAVE TECHNOLOGIES, L.L.C. (In re Lindburgh Jackson and Kathy Matthews v. City of Auburn, Alabama Power Company, and Lightwave Technologies, L.L.C.).

Supreme Court of Alabama.

April 27, 2007.

Attorney(s) appearing for the Case

Steven K. Herndon and Andrew W. Christman of Gidiere, Hinton, Herndon & Christman, Montgomery, for petitioner.

Robert D. Drummond, Jr., Fairhope, for respondents Lindburgh Jackson and Kathy Matthews.

James A. Byram, Jr., and Louis M. Calligas of Balch & Bingham, LLP, Montgomery; and Edward S. Allen and Ed R. Haden of Balch & Bingham, LLP, Birmingham, for respondent Alabama Power Company.

BOLIN, Justice.

Lightwave Technologies, L.L.C., petitioned this Court for a writ of certiorari to review the decision of the Court of Civil Appeals, in a plurality opinion, affirming the trial court's summary judgment in part, reversing it in part, and remanding the cause. Jackson v. City of Auburn, 971 So.2d 696 (Ala.Civ.App.2006) (opinion on application for rehearing). We granted the petition specifically to consider the...

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