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EX PARTE HENSEL PHELPS CONSTR. CO.

1070877.

7 So.3d 999 (2008)

Ex parte HENSEL PHELPS CONSTRUCTION COMPANY. (In re Thomas Childers v. Carter-Burgess, Inc., et al.)

Supreme Court of Alabama.

October 17, 2008.

Attorney(s) appearing for the Case

Samuel M. Ingram and Patrick L. Hays, Jr., of Carpenter, Ingram & Mosholder, LLP, Montgomery, for petitioner.

Richard E. Crum of Shealy, Crum & Pike, P.C., Dothan, for respondent.

MURDOCK, Justice.

Hensel Phelps Construction Company ("Hensel Phelps") petitions this Court for a writ of mandamus directing the trial court to vacate its February 14, 2008, order denying Hensel Phelps's motion to dismiss Thomas Childers's claim against it and to enter a dismissal in its favor. We grant the petition and issue the writ.

Facts and Procedural History

On October 28, 2003, while acting within the line and scope of his employment...

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