EX PARTE WHEELER

No. 1051788.

978 So.2d 1 (2007)

Ex parte Helen Kathryn WHEELER and William Newton Phillips, as trustee under the Doris R.H. Phillips Revocable Living Trust Agreement. (In re Helen Kathryn Wheeler et al. v. Don Siegelman et al.)

Supreme Court of Alabama.

As Modified on Denial of Rehearing August 17, 2007.


Attorney(s) appearing for the Case

Eugene P. Stutts and Steve R. Burford of Spain & Gillon, L.L.C., Birmingham, for petitioners.

H.E. Nix, Jr., and Murry S. Whitt of Nix Holtsford Gilliland Higgins & Hitson, P.C., Montgomery, for respondents the Alabama Incentives Financing Authority; Henry C. Mabry III, individually, and the secretary of the Alabama Incentives Financing Authority, in his official capacity as director of finance; and Don Siegelman, individually, and as president of the Alabama Incentives Financing Authority, in his official capacity as governor.

Tyrone C. Means, Christopher K. Whitehead, Ramadanah M. Salaam-Jones, and Camille L. Edwards of Thomas, Means, Gillis & Seay, P.C., Montgomery, for respondents the Montgomery County Commission and William F. Joseph, Jr.

Turner B. Williams, John F. De Buys, Jr., and Scott A. Boykin of Burr & Forman, LLP, Birmingham, for respondents CSX Transportation, Inc., CSX Real Property, Inc., David W. Hemphill, and J. Randall Evans.

Robert E. Poundstone IV of Bradley Arant Rose & White, LLP, Montgomery; and Joseph B. Mays of Bradley Arant Rose & White, LLP, Birmingham, for respondents Hyundai Motor Manufacturing Alabama, LLC, and Hyundai Motor America.

Albert L. Jordan and Jason E. Gammons of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for respondent Todd Strange.

Thomas T. Gallion III and Constance C. Walker of Haskell Slaughter Young & Gallion, LLC, Montgomery; and Jesse P. Evans III of Haskell Slaughter Young & Rediker, LLC, Birmingham, for respondents Reuben E. Thornton, Jr., and the Industrial Development Board of the City of Montgomery.


On Application for Rehearing

SEE, Justice.

APPLICATION OVERRULED; OPINION OF MAY 18, 2007, MODIFIED.

COBB, C.J., and WOODALL, SMITH, and PARKER, JJ., concur.

Helen Kathryn Wheeler and William Newton Phillips, as trustee under the Doris R.H. Phillips Revocable Living Trust Agreement ("Phillips"), petition this Court for a writ of mandamus directing the trial court to vacate its order removing...

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