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CLINE v. ASHLAND, INC.

1041076.

970 So.2d 755 (2007)

Jack CLINE v. ASHLAND, INC., et al.

Supreme Court of Alabama.

January 5, 2007.

Attorney(s) appearing for the Case

Robert Leslie Palmer and Gregory A. Cade of Environmental Litigation Group, P.C., Birmingham, for appellant.

George M. Walker and Windy C. Bitzer of Hand Arendall, L.L.C., Mobile; and Tracy R. Davis of Hand Arendall, L.L.C., Birmingham, for appellees.

Scott A. Powell and Bruce J. McKee of Hare, Wynn, Newell & Newton, LLP, Birmingham; and J. Cecil Gardner and Sam Heldman of Gardner, Middlebrooks, Gibbons, Kittrell, Olsen, Walker & Hill, Mobile, for amicus curiae Alabama Trial Lawyers Association, in support of the appellant.

Fournier J. Gale III, Thomas W. Thagard III, and Scott S. Brown of Maynard, Cooper & Gale, P.C., Birmingham, for amicus curiae Business Council of Alabama, in support of the appellee.

On Application for Rehearing

SEE, Justice.

APPLICATION GRANTED; NO-OPINION AFFIRMANCE OF OCTOBER 14, 2005, WITHDRAWN; AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.

NABERS, C.J., and SEE, STUART, SMITH, and BOLIN, JJ., concur specially.

LYONS, HARWOOD, WOODALL, and PARKER, JJ., dissent.

SEE, Justice (concurring specially).

Jack Cline appeals from the summary judgment entered by the Jefferson...

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