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EX PARTE McKENZIE OIL CO., INC.

1071011 and 1071021.

13 So.3d 346 (2008)

Ex parte McKENZIE OIL COMPANY, INC. and Ex parte Gary Dewayne Heathcock (In re Lee Harris Franklin v. Gary Dewayne Heathcock and McKenzie Oil Company, Inc.)

Supreme Court of Alabama.

Rehearing Denied January 16, 2009.

Attorney(s) appearing for the Case

Jeff E. Friedman and Jess S. Boone of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham, for petitioner McKenzie Oil Company, Inc.

Brief in opposition to application for rehearing filed by Kori L. Clement of Hare, Clement & Duck, P.C., Birmingham, for petitioner Gary Dewayne Heathcock.

C. Carter Clay of Pittman, Dutton, Kirby & Hellums, P.C., Birmingham, for respondent.

SMITH, Justice.

McKenzie Oil Company, Inc. ("McKenzie"), and Gary Dewayne Heathcock, defendants in an action pending in the Barbour Circuit Court, petition for a writ of mandamus directing the trial court to transfer the case to the Escambia Circuit Court on the basis of forum non conveniens. We grant the petition and issue the writ.

Facts and Procedural History

In the early morning hours of September 24, 2006, Heathcock was allegedly...

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